Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a police officer or magistrate has ordered the carrying out of a forensic procedure on a suspect under this Act.
(2) Evidence that the suspect—
(a) refused to comply with any reasonable direction in connection with the carrying out of the forensic procedure; or
(b) obstructed, resisted, hindered, used violence against, threatened or intimidated a person in connection with the carrying out of the forensic procedure;
is admissible in a proceeding against the suspect in a court in relation to the offence in relation to which the forensic procedure was carried out.
(3) Evidence mentioned in subsection (2) is admissible only if it is established that the suspect had been informed by a police officer, or otherwise knew, that the fact of refusing to comply with the direction, or obstructing, resisting, hindering, using violence against, threatening or intimidating the person, in connection with the carrying out of the forensic procedure might be used in evidence against the suspect.
Note Inform is defined in the dictionary.
(4) The court or jury may draw the inferences from
the evidence mentioned in subsection (2) that appear to the court or jury
to be proper in the circumstances, having regard to any evidence given by or
on behalf of the suspect.