Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Term used: reasonably suspects
            
   4A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
            
   5.      Public officers may be authorised to exercise powers
            
   6.      Officer’s duty to identify himself or herself
            
   7A.     Requesting or informing people under this Act
            
   7.      Non-consent to be assumed in some cases
            
   8.      Procedures for obtaining material from which to obtain specific identifying particulars
            
   9.      Samples for DNA profile of person to be provided to person on request
            
   10.     How charge is finalised without finding of guilt

   PART 2 -- General  

   11.     Application of this Act
            
   12A.    Authority required for some investigations
            
   12.     Information and forensic material from another State, a Territory or the Commonwealth
            
   13.     Assistance when exercising powers
            
   14.     Use of force when exercising powers
            
   15.     Warrants, applying for

   PART 3 -- Personal details of people  

   16.     Name, address etc., duty to give to police etc.

   PART 4 -- Identifying particulars of volunteers and others

           Division 1 -- Preliminary  

   17.     Terms used
            
   18.     How identifying procedures are to be done

           Division 2 -- Volunteers  

   19.     Volunteer for an identifying procedure to be informed
            
   20.     Volunteer may consent to identifying procedure

           Division 3 -- Deceased people  

   21.     Identifying particulars of deceased people, taking of

           Division 4 -- Police officers  

   22.     Identifying particulars of police officers, taking of

   PART 5 -- Identifying particulars of victims and witnesses  

   23.     Terms used
            
   24.     How identifying procedures to be done
            
   25.     Request to adult to undergo identifying procedure
            
   26.     Request for protected person to undergo identifying procedure
            
   27.     Request and giving of information to be recorded
            
   28.     When identifying procedure may be done
            
   29.     Consent may be withdrawn
            
   30.     Decision may be changed
            
   31.     IP warrant (involved protected person), officer may apply for
            
   32.     IP warrant (involved protected person), application for
            
   33.     IP warrant (involved protected person), issue and effect of

   PART 6 -- Identifying particulars of uncharged suspects  

   34.     Terms used
            
   35.     Purpose of identifying procedure
            
   36.     How identifying procedures to be done
            
   37.     Request to adult to undergo identifying procedure
            
   38.     Request for protected person to undergo identifying procedure
            
   39.     Request and giving of information to be recorded
            
   40.     When identifying procedure may be done
            
   41.     Consent may be withdrawn
            
   42.     Approval or IP warrant (suspect), officer may apply for
            
   43.     Approval to do non-intimate identifying procedure on adult, application for
            
   44.     Senior officer may approve non-intimate identifying procedure to be done on adult
            
   45.     IP warrant (suspect), application for
            
   46.     IP warrant (suspect), issue and effect of

   PART 7 -- Identifying particulars of charged suspects  

   47.     Terms used
            
   48.     How identifying procedures are to be done
            
   49.     Request for charged suspect to undergo identifying procedure
            
   50.     Request and giving of information to be recorded
            
   51.     When identifying procedure may be done

   PART 8A -- Identifying particulars of serious offenders  

   52A.    Terms used
            
   52B.    How identifying procedures are to be done
            
   52C.    Identifying particulars may be taken
            
   52D.    Request and giving of information to be recorded
            
   52E.    When identifying procedure may be done

   PART 8 -- How identifying procedures are to be done  

   52.     Terms used
            
   53.     Application of Part
            
   54.     General requirements
            
   55.     Sex of people doing procedures
            
   56.     Who may do identifying procedure
            
   57.     Personal details may be obtained as well
            
   58.     How samples and impressions to be taken
            
   59.     Procedures may be repeated
            
   60.     People not obliged to do procedures

   PART 9 -- Use and destruction of identifying information  

   61.     Terms used
            
   62.     Identifying information of volunteers
            
   63.     Identifying information of deceased people
            
   64.     Identifying information of police officers
            
   65.     Identifying information of involved people
            
   66.     Identifying information of uncharged suspects
            
   67.     Identifying information of charged suspects
            
   68A.    Identifying information of serious offenders
            
   68.     Results of matched information to be made available to suspects
            
   69.     Request for destruction of identifying information
            
   70.     Destroying identifying information
            
   71.     Responsibility for destroying identifying information
            
   72.     Supreme Court may order information not to be destroyed
            
   73.     Disclosure of identifying information
            
   74.     Use of illegal identifying information
            
   75.     Improper use of information obtained in accordance with Act

   PART 10 -- DNA databases  

   76.     Terms used
            
   77.     DNA profiles lawfully obtained before commencement of PART
            
   79.     Database managers, duties of
            
   80.     Operators of DNA databases to be authorised

   PART 11 -- Admissibility of evidence  

   81.     Evidence of refusal of consent etc.
            
   82.     Evidence of conduct of procedure
            
   83.     Evidence obtained illegally
            
   84.     Evidence kept illegally
            
   85.     Evidence from illegal use of information
            
   86.     Court may admit inadmissible evidence

   PART 12 -- Enforcement elsewhere in Australia  

   87.     Terms used
            
   88.     Corresponding laws etc., prescribing
            
   89.     Forensic orders, registration of
            
   90.     Forensic orders registered in WA may be executed in WA
            
   91.     Arrangements for sharing information

   PART 13 -- Miscellaneous  

   92.     Protection from personal liability
            
   93.     Regulations
            
   94.      Criminal Investigation (Identifying People) Amendment Act 2011, transitional provision for
            
           Uncommenced provisions table
            
           Other notes
           Defined terms