Forensic Procedure Flashcards
S.3 of the Crimes forensic Procedure Act 2000 outlines what an intimate forensic procedure is?
- Private parts anything relate to this.
- Blood Sample
- Buccal Swab administered by someone else.
- Dental Impression
S.3 of the Crimes forensic Procedure Act 2000 outlines what a non intimate forensic procedure is?
- Examination of body other than private parts
- Self-administered buccal swab
- Photos other than private parts
- Measurements
What are three points regarding forensic procedure applications?
They are two different applications for intimate or non intimate.
Does not include intrusion into body
cavities.
Or taking a sample for the sole purpose of identification.
S.3 of the Crimes forensic Procedure Act 2000 outlines the categories of people what are they?
Adult over 18 yrs
Child between 10-18 yrs
Incapable person
S.3 of the Crimes forensic Procedure Act 2000 outlines what an incapable person is?
Incapable of understanding general nature and effect of a forensic procedure.
Incapable of indicating whether he or she consents or does not consent.
Heavily intoxicated.
S.3 of the Crimes forensic Procedure Act 2000 outlines what a suspect is?
Suspects
- Police suspect on reasonable grounds has committed an offence.
- Person charged with an offence.
- Person summoned to appear before a court in relation to an offence alleged to be committed by them.
- Can have multiple suspects.
S.3 of the Crimes forensic Procedure Act 2000 outlines who can consent?
- Adults informed consent to any forensic procedure if they are suspects (S.7) or Volunteers (S.76)
- Children and incapable persons who are suspects can never consent to a forensic procedure (S.7 (2))
S.32 give power to interim forensic procedure orders to be granted by authorized officers?
(a) Section 23 must apply
(b) The probative value of evidence obtained as a result of the forensic procedure concerned is likely to be lost or destroyed.
(c) Authorised officer is satisfied that there is sufficient evidence to indicate that a Magistrate is reasonably likely to be satisfied regarding S.24 (1).
What does S.23 require prior to magistrate making an order?
(a) the suspect is not under arrest and has not consented to the forensic procedure, or
(b) the suspect is under arrest and has not consented to the forensic procedure, or
(c) the suspect is a child or an incapable person.
Who are authorised officer’s under section 3?
It is the same as listed in LEPRA 2002.
S. 3 LEPRA 2002
(a) A Magistrate or a Children’s Magistrate
(b) A Registrar of the Local Court
(c) An employee of the Attorney General’s Department who is an authorised officer for the purposes of this Act.
What is the burden of proof for forensic procedure applications?
Section 103 Balance of probabilities on the belief or suspicion on reasonable grounds in regards to a matter.
What does section 24 Crimes forensic Procedure Act 2000 required the magistrate to be satisfied on?
The balance of probabilities
Section 24 of Crimes forensic Procedure Act 2000 requires two different types of offences between intimate and non intimate?
Intimate requires reasonable grounds to believe the suspect committed a prescribed offence
Non intimate requires only any offence.
They also require a reasonable belief that the procedure might produce evidence tending to confirm or disprove that the suspect has committed the offence.
JIAC stands for?
Justified in all the circumstances
What criteria must the magistrate have regard to under S.24 regarding the order being justified in all the circumstances?
The gravity of the alleged offences
The seriousness of the circumstances
The degree of the alleged involvement
Age, cultural background, physical and mental health condition
The interests of the child or incapable person
Practicable ways of obtaining the evidence
Reasons for refusing the procedure
The period the person is in custody
Any other matter that magistrate considers relevant.
