South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 47

47—Effect of non-compliance on admissibility of evidence

        (1)         If a police officer or other person with responsibilities under this Act (other than a person acting as an appropriate representative of a protected person under this Act) contravenes a requirement of this Act in relation to—

            (a)         a forensic procedure; or

            (b)         forensic material obtained from a forensic procedure; or

            (c)         a DNA profile derived from such forensic material,

evidence obtained as a result of the forensic procedure is not admissible in evidence against the person on whom the procedure was carried out unless—

            (d)         the person does not object to the admission of the evidence; or

            (e)         the court is satisfied that the evidence should be admitted in the interests of the proper administration of justice despite the contravention.

        (2)         In deciding whether evidence should be admitted in the interests of the proper administration of justice, the court must have regard to the following matters:

            (a)         the probative value of the evidence;

            (b)         the seriousness of the contravention and, in particular, whether it was intentional or reckless;

            (c)         the extent to which the defendant has been prejudiced by the contravention;

            (d)         any other relevant factors.

        (3)         Evidence obtained by carrying out a volunteers and victims procedure on a person is inadmissible in any criminal proceedings against that person if, by the time the question of its admissibility arises, the forensic material obtained from the procedure should have been destroyed.