New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 57

57 Recording of forensic procedure

(1) The carrying out of a forensic procedure must be recorded by electronic means unless--

(a) the suspect objects to the recording, or

(b) the recording is not practicable.

(1A) Subsection (1) does not apply to--

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

(b) the taking of a photograph, but only if the taking of such a photograph constitutes a non-intimate forensic procedure.

(2) Before the forensic procedure is carried out, the suspect must be informed--

(a) of the reasons for recording the carrying out of the forensic procedure, including the protection that the recording provides for the suspect, and

(b) that the suspect may object to the recording.

(3) Despite section 99, an interview friend of a person who identifies as an Aboriginal person or Torres Strait Islander, and is not a child or an incapable person, has no right to object to the recording of the forensic procedure.

Note : Section 99 gives interview friends and legal representatives general powers to act on behalf of suspects. Section 54 applies to children and incapable persons, including children or incapable persons who are Aboriginal persons or Torres Strait Islanders, but does not apply to other Aboriginal persons or Torres Strait Islanders.

(4) If the carrying out of the forensic procedure is not to be recorded by electronic means, the forensic procedure must be carried out in the presence of an independent person who is not a police officer.

(5) Subsection (4) does not apply if the suspect expressly and voluntarily waives his or her right to have an independent person present, but such a person may nevertheless be present if the investigating police officer so directs.

(6) Nothing in this section prevents any recording of a forensic procedure being made for the purpose of maintaining good order, discipline and security in a correctional centre or other place of detention.