New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 56

56 Presence of police officers

(1) The number of police officers who may be present during the carrying out of a forensic procedure must not exceed that which is reasonably necessary to ensure that the procedure is carried out effectively and in accordance with this Act.

(2) Where the presence of a police officer (other than a police officer who is carrying out or helping to carry out the procedure) is reasonably necessary to ensure that a forensic procedure is carried out effectively and in accordance with this Act, the police officer is, if reasonably practicable--

(a) if the suspect is a child--to be 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, or

(b) in any other case--to be of the same sex as the suspect unless it is not practicable for such a police officer to attend within a reasonable time.

Note : Section 51 provides that, if practicable, most forensic procedures are to be carried out by persons of the same sex as the suspect.

(3) This section does not apply to the following forensic procedures--

(a) the taking of hand prints, finger prints, foot prints or toe prints,

(b) any non-intimate forensic procedure that may be carried out without requiring the suspect to remove any clothing other than his or her overcoat, coat, jacket, gloves, socks, shoes, scarf or hat.