Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 59

    (1)     The carrying out of a forensic procedure must be videorecorded unless—

        (a)     the relevant person objects to video recording; or

        (b)     video recording is not reasonably practicable.

    (2)     However, the carrying out of the following forensic procedures need not be videorecorded:

        (a)     the taking of a handprint, fingerprint, footprint or toeprint;

        (b)     the taking of a photograph or video recording of a part of the body (other than the genital or anal area, the buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts).

    (3)     Before the forensic procedure is carried out, the relevant person must—

        (a)     be given an explanation of the value of making a video recording of the carrying out of the forensic procedure to avoid disputes about how it was carried out that might otherwise arise between the relevant person and the person carrying out the procedure after it is carried out; and

        (b)     be informed that the relevant person may object to the video recording.

    (4)     If the carrying out of a forensic procedure (other than a forensic procedure to which subsection (2) applies) is not to be videorecorded, the forensic procedure must be carried out in the presence of an independent person who is not a police officer.

    (5)     However, an independent person need not be present as mentioned in subsection (4) if the relevant person expressly and voluntarily waives the person's right to have an independent person present.

    (6)     Despite a waiver mentioned in subsection (5), a police officer may direct that an independent person be present.