Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 84

    (1)     This section applies if—

        (a)     a volunteer, or parent, guardian or close associate of a volunteer, gave consent in accordance with section 80 for a forensic procedure to be carried out on the volunteer; and

        (b)     forensic material was taken from the volunteer; and

        (c)     either—

              (i)     the volunteer, parent, guardian or close associate withdraws consent to the retention of the forensic material or information obtained from analysis of the material; or

              (ii)     the agreed retention period for the forensic material or information ends.

    (2)     An authorised applicant may apply to a magistrate for an order under subsection (3).

Note     Section 82 (5) provides that the forensic material or information is not required to be destroyed under s 82 (2) or (4) if an application for retention of the material or information has been made under this section and the application has not been finally decided or a magistrate has ordered retention.

    (3)     A magistrate may order that the forensic material or information be retained if satisfied that—

        (a)     during an investigation into the commission of a serious offence material reasonably believed to be from the body of a person who committed the serious offence had been found—

              (i)     at the scene of the serious offence; or

              (ii)     on the victim of the serious offence or anything reasonably believed to have been worn or carried by the victim when the serious offence was committed; or

              (iii)     on the volunteer or anything reasonably believed to have been worn or carried by the volunteer at the scene of the serious offence or when the serious offence was committed; or

              (iv)     on a thing or person reasonably believed to have been associated with the commission of the serious offence; and

        (b)     there are reasonable grounds to believe that information obtained from analysis of the forensic material taken from the volunteer is likely to produce evidence of probative value in relation to the serious offence; and

        (c)     the retention of the forensic material taken from the volunteer is justified in all the circumstances.

    (4)     The order must state the period for which the forensic material or information may be retained.