CRIMES ACT 1914 SECT 23XT

(1)

The carrying out of a forensic procedure (other than the taking of a hand print, finger print, foot print or toe print) must be video recorded unless:

(a)

the suspect objects to the video recording; or

(b)

the video recording is not practicable.

(2)

Before the forensic procedure is carried out, the suspect must be informed:

(a)

of the reasons for video recording the carrying out of the forensic procedure, including the protection that the video recording provides for the suspect; and

(b)

that the suspect may object to the video recording.

(3)

In spite of section 23YE, an interview friend of an Aboriginal person or a Torres Strait Islander not covered by section 23XQ has no right to object to the video recording of the forensic procedure.

Note: Section 23YE gives interview friends and legal representatives general powers to act on behalf of suspects. Section 23XQ applies to children and incapable persons, including children or incapable persons who are Aboriginal persons or Torres Strait Islanders, but does not apply to other Aboriginal persons or Torres Strait Islanders.

 

(4)

If the carrying out of the forensic procedure is not to be video recorded, the forensic procedure must be carried out in the presence of an independent person (not a constable).