Victorian Current Acts

CRIMES ACT 1958 - SECT 464SE

    (1)     A senior police officer who is not involved in investigating the offence for which the taking of a sample is required may authorise the taking of a DNA profile sample from a DNA person if the senior police officer is satisfied that—

        (a)     the person is a DNA person who is—

              (i)     under lawful arrest by warrant; or

              (ii)     under lawful arrest under section 458 or 459 or a provision of any other Act;
or

              (iii)     in the custody of an investigating official in accordance with an order of the Magistrates' Court or the Children's Court (as the case requires) under section 464B(5) and, at the time of the application for that order, the person was held in a prison or police gaol; and

        (b)     the person is not incapable of giving informed consent by reason of mental impairment; and

        (c)     for a DNA person who is an adult, the person has refused to give consent to a request under section 464SC(1); and

        (d)     for a DNA person who is a child, both the child and the child's parent or guardian have refused to give consent to a request under section 464SC(2) ; and

        (e)     for a DNA person who is an adult, there are reasonable grounds to believe the person has committed the indictable offence in respect of which the authorisation is sought; and

        (f)     for a DNA person who is a child, the person is believed on reasonable grounds of having committed the DNA sample offence in respect of which the authorisation is sought; and

        (g)     the taking of the sample without the consent of the person is justified in all of the circumstances.

    (2)     A senior police officer must not give an authorisation for the taking of a DNA profile sample from a DNA person if—

        (a)     an application to a court for an order under section 464T, 464U or 464V in respect of that person has been made in relation to the same matter and on the same grounds but has been refused; or

        (b)     a previous application for an authorisation under this section in respect of that person has been considered in relation to the same matter and on the same grounds but has not been given.

    (3)     An authorisation given in contravention of subsection (2) is void.

    (4)     Nothing in subsection (2) prevents a later application for an order under section 464T, 464U or 464V or an authorisation under this section on different or further grounds.

    (5)     An authorisation under this section must be given to a police officer.

S. 464SF inserted by No. 3/2019 s. 55.