South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 11

11—Volunteers and victims procedure not to be carried out on protected person who objects to procedure

        (1)         Before a volunteers and victims procedure is carried out on a protected person, a police officer or the person who is to carry out the procedure must explain to the protected person that the procedure will not be carried out if the person objects to the procedure.

        (2)         A volunteers and victims procedure is not to be carried out and, if commenced, is not to be continued on a protected person if the person objects to or resists the procedure.

        (3)         However—

            (a)         failure to give an explanation under subsection (1) does not affect the admissibility of evidence obtained as a result of the procedure; and

            (b)         if a volunteers and victims procedure is commenced but not completed because of objection or resistance to the procedure, the admissibility of evidence obtained before the procedure was, or should have been, discontinued is not affected; and

            (c)         this section does not apply if the person on whom the forensic procedure is (or is to be) carried out—

                  (i)         is under 10 years of age; or

                  (ii)         does not appear to be capable of responding rationally to information.