Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The police officer must inform the suspect of the following matters:
(a) that the giving of information under this section, and the giving of consent (if any) by the suspect, will be recorded by electronic means or in writing, and that the suspect has a right to a copy of that record;
Note See s 26 (Recording of giving of information and consent) and s 104 (Obligation of investigating police officers relating to electronic recordings).
(b) the purpose for which the forensic procedure is required;
(c) the fact that the person is a suspect in the offence in relation to which the police officer wants the forensic procedure carried out;
(d) the way in which the forensic procedure is to be carried out;
(e) that the forensic procedure may produce evidence against the suspect that might be used in a court of law;
(f) that the forensic procedure will be carried out by an appropriately qualified person;
(g) if relevant, the matters mentioned in subsection (2) or (3);
(h) that the suspect may refuse to consent to the carrying out of the forensic procedure;
(i) the consequences of not consenting, as mentioned in subsection (4), (5) or (6) (whichever is applicable);
(j) the effect of section 87 (Admissibility of evidence relating to consent to forensic procedures);
(k) that information obtained from analysis of forensic material obtained may be placed on the ACT DNA database and the rules that will apply to its disclosure and use under this Act, including that the information may be compared with information from the DNA databases of other participating jurisdictions;
(l) that the suspect may apply to a court for an order that the forensic material obtained be destroyed, and the circumstances when the court may order destruction.
Note Section 92 (Application for destruction of forensic material after 1 year) sets out when the court may order destruction.
(2) The police officer must inform the suspect that the suspect may request that a doctor of the suspect's choice be present while an intimate forensic procedure (other than the taking of a dental impression) is carried out or a sample of saliva or sample by buccal swab is taken.
(3) If the forensic procedure is the taking of a dental impression, sample of saliva or sample by buccal swab, the police officer must inform the suspect that the suspect may request that a dentist of the suspect's choice be present while the procedure is carried out.
(4) If the suspect is in custody and the forensic procedure is a non-intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent—
(a) a police officer may order the carrying out of the forensic procedure under part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) if the police officer is satisfied about the matters mentioned in section 23 (Matters to be considered by police officer before requesting consent to forensic procedure); and
(b) reasonable force may be used to enable the forensic procedure to be carried out.
(5) If the suspect is in custody and the forensic procedure is an intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent—
(a) an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure; and
(b) reasonable force may be used to enable the forensic procedure to be carried out if the order is made.
(6) If the suspect is not in custody, the police officer must inform the suspect that, if the suspect does not consent—
(a) an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure; and
(b) reasonable force may be used to enable the forensic procedure to be carried out if the order is made.