South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 19

19—Making of order

        (1)         A senior police officer may make an order authorising the carrying out of a forensic procedure on the respondent if, after conducting the hearing required under this Division, the officer is satisfied that—

            (a)         there are reasonable grounds to suspect that the respondent has committed a serious offence; and

            (b)         there are reasonable grounds to suspect that the forensic procedure could produce material of value to the investigation of the suspected offence; and

            (c)         the public interest in obtaining evidence tending to prove or disprove the respondent's guilt outweighs the public interest in ensuring that private individuals are protected from unwanted interference.

        (2)         In weighing the public interest in obtaining evidence tending to prove or disprove guilt against the public interest in ensuring that private individuals are protected from unwanted interference, the senior police officer must have regard to—

            (a)         the seriousness of the suspected offence; and

            (b)         the extent to which the procedure is necessary for the proper investigation of the suspected offence; and

            (c)         any likely effects of the procedure on the welfare of the respondent (so far as they can be reasonably anticipated) given the respondent's age, physical and mental health, and cultural and ethnic background; and

            (d)         whether there is a less intrusive but reasonably practicable way of obtaining evidence of the same or similar probative value to confirm or disprove that the respondent committed the suspected offence; and

            (e)         other relevant factors.

        (3)         If a senior police officer makes an order authorising the carrying out of a forensic procedure under this Division, the officer must make a written record of the order and the reasons for the order.

        (4)         A copy of the record of the order must be given to the respondent.

        (5)         An order made as a result of an application to which section 18 applies, only remains in force for a period of 12 hours after the making of the order and cannot be extended or renewed (however nothing prevents the making of another order under this Division authorising the relevant forensic procedure provided that order is made following a hearing conducted in accordance with the normal procedures specified in section 17).