South Australian Current Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 - SECT 55

55—Power to require forensic procedure on deceased person

        (1)         A senior police officer may, by instrument in writing, authorise the carrying out of a forensic procedure specified in the instrument on the body, a body part, human tissue or other human remains of a deceased person if satisfied that the evidence obtained from the carrying out of the procedure is likely to assist in the investigation of a serious offence or in the identification of the deceased person.

        (2)         If a senior police officer has authorised the carrying out of a forensic procedure under this section, a police officer, accompanied by such assistants as the officer thinks necessary, may—

            (a)         enter premises (using such force as is necessary) in which the officer reasonably believes the body of the deceased person is located; and

            (b)         search the premises for the body,

and, on finding the body, the authorised forensic procedure may be carried out in accordance with this section.

        (3)         A police officer must not exercise a power to enter premises under subsection (2) unless the officer has made a reasonable attempt to contact the occupier of the premises and advise the occupier of the intention to exercise such powers.

        (4)         If the body of the deceased person is located at a hospital or other place at which a post-mortem examination of the body is being, or has been, conducted, the occupier of the premises may, despite any other Act or law, agree—

            (a)         to arrange for the authorised forensic procedure to be carried out in accordance with this section and provide forensic material obtained by carrying out that procedure to the Commissioner of Police; or

            (b)         if the material sought to be obtained from carrying out the forensic procedure has already been obtained in the course of the post-mortem examination of the body, to provide such material to the Commissioner of Police.

        (5)         A forensic procedure authorised under this section must be carried out by—

            (a)         a medical practitioner; or

            (b)         a person who is qualified as required by the regulations to carry out forensic procedures of the relevant type.

        (6)         A person carrying out a forensic procedure authorised under this section may be assisted by a police officer or other person.

        (7)         Nothing in this section authorises the exhumation of a body.