Queensland Consolidated Regulations

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CRIMINAL PRACTICE RULES 1999 - SCHEDULE 5

SCHEDULE 5 – Forms for other proceedings

Part 1 - Applications

Form 363 - (Repealed)

Form 364 - (Repealed)

Form 365 - (Repealed)

Form 366 - (Repealed)

Form 367 - (Repealed)

Form 368 - (Repealed)

Form 369 - (Repealed)

Part 2 - Orders

Form 370 - (Repealed)

Part 3 - Informations by private persons

Form 371 - (Repealed)

Form 372 - (Repealed)

Form 373 - (Repealed)

Form 374 - (Repealed)

Form 375 - (Repealed)

Form 376 - (Repealed)

Form 377 - (Repealed)

Part 4 - Bench warrants

Form 378 - (Repealed)

Part 5 - Subpoenas

Form 379 - (Repealed)

Form 380 - (Repealed)

Form 381 - (Repealed)

Part 6 - Forms under criminal appeal rules

Form 382 - (Repealed)

Form 383 - (Repealed)

Form 384 - (Repealed)

Form 385 - (Repealed)

Form 386 - (Repealed)

Form 387 - (Repealed)

Form 388 - (Repealed)

Form 389 - (Repealed)

Form 390 - (Repealed)

Form 391 - (Repealed)

Form 392 - (Repealed)

Form 393 - (Repealed)

Form 394 - (Repealed)

Form 395 - (Repealed)

Form 396 - (Repealed)

Form 397 - (Repealed)

Form 398 - (Repealed)

Form 399 - (Repealed)

Form 400 - (Repealed)

Part 7 - Other forms

Form 401 - (Repealed)

Form 402 - Application for approval for examination of a person in custody by legally qualified medical practitioner and/or legally qualified dentist

( section 259 )
In the [state district] Magistrates Court, Queensland
1 I, [state name], police officer, of [address] make oath and say as follows—
2 [State name of the accused person] is in lawful custody on a charge(s) of committing the offence(s) of [state offence e.g. by using the schedule form].
3 I have reasonable grounds for believing that—
*(a) a legally qualified medical practitioner doing a following act may afford evidence of the commission of the offence(s)—
*(i) examining the person of the accused person, including the orifices of the accused person’s body;
*(ii) taking samples of the accused person’s blood, saliva or hair;
*(iii) requiring the accused person to provide a sample of the accused person’s urine;
*(iv) collecting from the accused person’s person, including from the orifices of the accused person’s body, any substance or thing, the collection of which would be unlikely to cause bodily harm to the accused person if cooperation is given;
*(b) a legally qualified dentist doing a following act may afford evidence of the commission of the offence(s)—
*(i) examining the accused person’s mouth;
*(ii) taking samples of the accused person’s saliva;
*(iii) taking dental impressions from the accused person.
*[Cross out whichever does not apply].
4 The grounds for my belief are as follows [set out fully]—
5 I have informed the accused person of his or her right to have present while the act is being done 2 persons of the accused person’s choice.
6 I apply for approval for the acts stated in this application to be done.
SWORN by the applicant
at [place] this day of [month and year]
before me
Justice of the peace

Form 403 - Approval for examination of a person in custody by legally qualified medical practitioner or dentist

( section 259 )
In the [state district] Magistrates Court, Queensland.
I, [state name], stipendiary magistrate—
(a) am satisfied that—
(i) [state name], the accused person, is in lawful custody on a charge of committing the offence(s) of [state offence e.g. by using the schedule form]; and
(ii) there are reasonable grounds for believing that the doing of the acts mentioned in paragraphs (b) and (c) may afford evidence of the commission of the offence(s); and
(iii) the accused person has been informed of the accused person’s right to have present while the act is being done 2 persons of the accused person’s choice; and
*(b) approve the doing of the following acts by a legally qualified medical practitioner—
*(i) examining the person of the accused person, including the orifices of the accused person’s body;
*(ii) taking samples of the accused person’s blood, saliva or hair;
*(iii) requiring the accused person to provide a sample of the accused person’s urine;
*(iv) collecting from the accused person’s person, including from the orifices of the accused person’s body, any substance or thing, the collection of which would be unlikely to cause bodily harm to the accused person if cooperation is given; and
*(c) approve the doing of the following acts by a legally qualified dentist—
*(i) examining the accused person’s mouth;
*(ii) taking samples of the accused person’s saliva;
*(iii) taking dental impressions from the accused person.
*[Cross out whichever does not apply].
(Signed) Stipendiary magistrate
Date:
Place:
Important notice
Before any of the acts mentioned in paragraphs (b) and (c) are done, the accused person must be given a copy of this approval and informed of its contents.

Form 404 - (Repealed)



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