Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The police officer must inform the serious offender of the following:
(a) the purpose for which the forensic procedure is required;
(b) if the police officer wants the forensic procedure carried out in relation to a serious offence—the serious offence;
(c) how the forensic procedure is to be carried out;
(d) that the forensic procedure may produce evidence against the serious offender that might be used in a court of law;
(e) that the forensic procedure will be carried out by a person who may carry out the procedure under part 2.6 (Carrying out forensic procedures);
Note See s 53 (People who may carry out forensic procedures).
(f) if the forensic procedure is the taking of a sample of blood—that the serious offender may request that—
(i) if the serious offender is serving a sentence of imprisonment at a correctional centre or other place—a corrections health practitioner for the centre, or health practitioner (however described) for the place, be present while the blood is taken; or
(ii) if the serious offender is not serving a sentence of imprisonment—a doctor of the serious offender's choice be present while the blood is taken;
(g) if the forensic procedure is the taking of a sample by buccal swab—that the serious offender may request that—
(i) if the serious offender is serving a sentence of imprisonment at a correctional centre or other place—a corrections health practitioner for the centre, or health practitioner (however described) for the place, be present while the sample is taken; or
(ii) if the serious offender is not serving a sentence of imprisonment—a doctor or dentist of the serious offender's choice be present while the sample is taken;
(h) that the serious offender may refuse consent to the carrying out of the forensic procedure;
(i) the consequences of not consenting, as mentioned in subsection (2) or (3) (whichever applies);
(j) the effect of section 87 (Admissibility of evidence relating to consent to forensic procedures) (if applicable);
(k) that information obtained from analysis of forensic material obtained may be placed on the ACT DNA database and used for a criminal investigation or any other purpose for which the DNA database may be used, including that the information may be compared with information from the DNA databases of other participating jurisdictions.
Note Pt 2.11 and pt 2.13 set out the purposes for which the database may be used.
(2) The police officer must inform a serious offender requested to undergo a non-intimate forensic procedure to which this part applies that, if the serious offender does not consent, a police officer may order the carrying out of the forensic procedure under section 73 if the police officer has taken into account the matters set out in section 74 (Matters to be considered by police officer).
(3) The police officer must inform a serious offender requested to undergo an intimate forensic procedure to which this part applies that, if the serious offender does not consent, an application may be made to a court for an order authorising the carrying out of the forensic procedure.