New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 24

24 Final order for carrying out forensic procedure

(1) A Magistrate may order the carrying out of a forensic procedure if satisfied on the balance of probabilities--

(a) that the circumstances referred to in subsection (2) or (3) exist, and

(b) that the carrying out of such a procedure is justified in all the circumstances.

(2) In the case of an intimate forensic procedure--

(a) there must be reasonable grounds to believe that the suspect has committed a prescribed offence, and

(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that the suspect has committed the offence referred to in paragraph (a).

(3) In the case of a non-intimate forensic procedure--

(a) there must be reasonable grounds to believe that the suspect has committed an offence, and

(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that the suspect has committed the offence referred to in paragraph (a).

(4) In determining whether or not the carrying out of the forensic procedure is justified in all the circumstances, the Magistrate must balance the public interest in obtaining evidence as to whether or not the suspect committed the alleged offence against the public interest in upholding the suspect's physical integrity, having regard to the following--

(a) the gravity of the alleged offence,

(b) the seriousness of the circumstances in which the offence is alleged to have been committed,

(c) the degree to which the suspect is alleged to have participated in the commission of the offence,

(d) the age, cultural background and physical and mental health of the suspect, to the extent to which they are known,

(e) in the case of a suspect who is a child or an incapable person, the best interests of the child or person,

(f) such other practicable ways of obtaining evidence as to whether or not the suspect committed the alleged offence as are less intrusive,

(g) such reasons as the suspect may have given for refusing to consent to the carrying out of the forensic procedure concerned,

(h) in the case of a suspect who is in custody, the period for which the suspect has been in custody and the reasons for any delay in the making of an application for an order under this section,

(i) such other matters as the Magistrate considers relevant to the balancing of those interests.