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CRIMES ACT 1914 - SECT 23WC

How forensic procedures may be authorised in different circumstances

    The following table shows the circumstances in which a forensic procedure may be carried out on a suspect, and shows the provisions that authorise the carrying out of the procedure.

 

Authority for forensic procedures

 

Suspect

Intimate forensic procedure

Non - intimate forensic procedure

1

adult not in custody

with informed consent under Division   3

by order of a magistrate under Division   5

with informed consent under Division   3

by order of a magistrate under Division   5

2

adult in custody

with informed consent under Division   3

by order of a magistrate under Division   5

with informed consent under Division   3

by order of a senior police officer under Division   4

by order of a magistrate under Division   5

3

incapable person (whether or not in custody)

by order of a magistrate under Division   5

by order of a magistrate under Division   5

4

child at least 10 but under 18 (whether or not in custody)

by order of a magistrate under Division   5

by order of a magistrate under Division   5



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