New South Wales Consolidated Acts

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CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 51

Certain forensic procedures generally to be carried out by person of same sex as suspect

51 Certain forensic procedures generally to be carried out by person of same sex as suspect

(1) If practicable, an intimate forensic procedure (other than the taking of a sample of blood or saliva, or a dental impression) is to be carried out--
(a) if the suspect is an adult--by a person of the same sex as the suspect, or
(b) if the suspect is a child--by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, a person of the same sex as the suspect.
(2) If practicable, a non-intimate forensic procedure for which the suspect is required to remove clothing other than his or her overcoat, coat, jacket, gloves, socks, shoes, scarf or hat is to be carried out--
(a) if the suspect is an adult--by a person of the same sex as the suspect, or
(b) if the suspect is a child--by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, a person of the same sex as the suspect.
(3) If practicable, a person asked under section 52 to help carry out a forensic procedure covered by subsection (1) or (2)--
(a) is to be--
(i) if the suspect is an adult--a person of the same sex as the suspect, or
(ii) if the suspect is a child--a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, a person of the same sex as the suspect, and
(b) is to be a person who is not inappropriate to help carry out the forensic procedure.



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