Crimes Forensic Procedures Act 2000 Flashcards
What are the two categories of Forensic Procedures?
- Intimate
- Non-Intimate
(Each has its own application form)
What are some examples of intimate forensic procedures?
Defined in s3:
- Sample of blood
- sample of pubic hair
- dental impressions
- buccal swab administered by another
What are some examples of a non intimate forensic procedures?
Defined in S3
- Sample of hair
- Photo of body part
- Measuring body part
- Fingerprint
- Self administered buccal swab
What is R v Jason Michael Kane discuss?
That a discarded item which contains DNA from an offender cannot be a forensic procedure. It must be done on a person
What kind of offences can a forensic procedure be done?
A prescribed offence which is an indictable offence
What is Mullins v Lillyman about?
A suspect cannot be required to perform an active role in a forensic procedure. In this case a detective asked the POI to pose in a certain way and show their tattoo.
What age is a child under this act?
Between 10-18
What is an incapable person?
An adult who is incapable of understanding general nature and effect of an f.p or incapable of indicting whether he consents or does not consent.
Who is a suspect?
- a person whom police officer suspects on reasonable grounds has committed an offence
- person charged with an offence
- person summoned to appear before a court in relation to an offence allegedly committed by them
What does Helen Maguire v Jason Beaton state?
The person must be a suspect before applying for a forensic procedure
What does s24 of the forensic procedure Act allow a magistrate to do?
Order the carrying out of a forensic procedure, if on the balance of probabilities:
S23 applies. (1- the person is a suspect
2- Under arrest & NOT consented or
3 - Not under arrest & has NOT consented
4 - Can apply to child or incapable person)
5- Suspected of committing a ‘prescribed offence’ (intimate procedure) or ‘an offence’ (non-intimate procedure)
6- reasonable grounds to believe procedure might produce evidence tending to confirm or disprove the suspect committed the offence
7 - the request for consent is justified in all the circumstance
In regards to S24(4) (Justified in all the circumstances), what does the magistrate need to address?
A) gravity of the offence B) seriousness of circumstances C) degree participated in D) the age, cultural background E) best interest of the child or person F) other ways of obtaining evidence G) reasons the suspect given for refusing H) period suspect in custody I) other matters
Boski v Baffin
Magistrate needs to address these issues
S32 Interim order may be made by an authorised officer if:
- must be a suspect and s23 applies AND probative value of the evidence is likely to be lost or destroyed if there is delay
- authorised officer is satisfied sufficient evidence to convince magistrate (s24(1))
- interim order operates until interim order is confirmed or disallowed.
What does s23 state, in regards to a magistrate or authorised officer?
An order may be made under s24 or by authorised officer under s32 for the purpose of carrying out forensic procedure on suspect if:
(a) suspect not under arrest and not consented to forensic procedure
(B) suspect under arrest and not consented to forensic procedure
(C) suspect is child or incapable person
What is an authorised officer?
Section 3 Crimes (forensic procedure)act, states authorised officer has same meaning as under LEPRA
LEPRA s3 - authorised officer:
(a) magistrate or children’s magistrate
(B) registrar at local court
(C) authorised employee of attorney generals department
