Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 21

    (1)     A suspect gives informed consent to a forensic procedure if the suspect consents after a police officer—

        (a)     requests the suspect to consent to the forensic procedure under section 22; and

        (b)     informs the suspect about the forensic procedure in accordance with section 24 (Matters that suspect must be informed of before giving consent); and

        (c)     gives the suspect the opportunity to communicate, or attempt to communicate, with a lawyer of the suspect's choice.

Note     Inform is defined in the dictionary.

    (2)     The police officer must allow the suspect to communicate, or attempt to communicate, with the lawyer in private unless the police officer suspects on reasonable grounds that the suspect might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.

Note     Section 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.