Forensic Procedure Flashcards
1
Q
When can FP be done for an Unidentified Former Offender?
PART 7A
A
- Served a sentence of imprisonment for SIO
- Served with a CAN for an indictable offence
- The person DNS profile is not contained on the DNA data base.
2
Q
For informed consent, a police officer must (SECTION 9)
A
- Ask the suspect to consent
- Personally or in writing gives information sheet
- Describes the nature of the information
- Informs the suspect about the forensic procedure
- Gives the suspect reasonable opportunity to speak with a legal practitioner
3
Q
What are the conditions where a police officer may request consent?
A
- Constitute a prescribed offence (indictable)
- Reasonable grounds to believe
- Procedure might produces evidence
- Tending to confirm or disprove that the suspect has committed the offence or some other offence.
4
Q
For a Forensic Procedure court application who is an Authorised applicant?
A
- Police officer in charge of a police station
- Custody manager within the meaning of LEPRA
- Investigative police officer in relation to a prescribed offence
- Director of the DPP
5
Q
Can an interim order by analysed (Section 38)
A
- Only unless sample likely to perish before order is made
- Not Until final order is made
6
Q
What is an excluded volunteer under Section 76A?
A
A person who volunteers to a police officer to undergo a forensic procedure who is a victim
A child / incapable person whose parent or guardian volunteered to a police officer who is a victim.
7
Q
What is an incapable person?
A
- Incapable of understanding the general nature and the effect of a forensic procedure.
- Incapable of indicating their consent.
8
Q
What are the legal obligations for suspects under 18 years?
A
- Child at least 10 but under 18 years of age
- Section 7 - Child/Parent cannot consent
- Section 17 - Cannot obtain a senior officer order
- Section 23 - Court Order must be obtained
- Section 54 - Must have an interview friend or legal representative present
