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CRIMES ACT 1914 SECT 23XN
23XN Certain forensic procedures generally to be carried
out by person of same sex as suspect
- (1)
- If practicable, an intimate forensic procedure (other
than the taking of a sample of blood, a sample of saliva,
a buccal swab or a dental impression) is to be carried
out:
- (a)
- if the suspect is an adult—by a person of the same
sex as the suspect; or
- (b)
- if the suspect is a child—by a person of the sex
chosen by the suspect or, if the suspect does not wish
to make such a choice, by a person of the same sex as
the suspect.
- (2)
- If practicable, a non-intimate forensic procedure for
which the suspect is required to remove clothing other
than his or her overcoat, coat, jacket, gloves, socks,
shoes and hat is to be carried out:
- (a)
- if the suspect is an adult—by a person of the same
sex as the suspect; or
- (b)
- if the suspect is a child—by a person of the sex
chosen by the suspect or, if the suspect does not wish
to make such a choice, by a person of the same sex as
the suspect.
- (3)
- If practicable, a person asked under section 23XO
to help carry out a forensic procedure covered by
subsection (1) or (2):
- (a)
- is to be:
- (i)
- if the suspect is an adult—a person of the same
sex as the suspect; or
- (ii)
- if the suspect is a child—a person of the sex
chosen by the suspect or, if the suspect does not
wish to make such a choice, by a person of the same
sex as the suspect; and
- (b)
- is to be a person who is not inappropriate to help
carry out the forensic procedure.
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