Forensic Procedures Flashcards
What are the two types of forensic procedures under section 3 the Crimes (Forensic Procedures) Act?
Intimate and Non-Intimate
What is an Intimate Forensic Procedure as per Section 3 of the Crimes (Forensic Procedures) Act?
- Any examination/photo/sample of private parts
- Sample of pubic hair/blood
- Dental Impression
- Buccal Swab administer by another
What is a Non-Intimate Procedure as per Section 3 of the Crimes (Forensic Procedures) Act?
- Sample/photo/examination of hair or body part that is not private
- sample of fingernail
- foot/palm/finger prints
- self administer buccal swab
What type of offence can an intimate forensic procedure be carried out?
In relation to a prescribed offence.
What is a prescribed offence defined as under the Crimes (Forensic Procedures) Act?
An indictable offence or anything prescribed in the regulations.
Who can and who cannot consent to police for a forensic procedure as per Section 11 of the Crimes (Forensic Procedures) Act?
The person is a suspect
Reasonable Grounds to believe procedure might produce evidence
Justified in all the circumstances
Cannot be a child or incapable person
When can police issue a senior officer order under S18 of the Crimes (Forensic Procedures) Act?
Non-intimate procedure only
Must be under arrest
Not a child or incapable person
Does not consent
What are the 7 considerations of a magistrate making a final order for a forensic procedure under s24 of the Crimes (Forensic Procedures) Act?
- Person is a suspect
- Under arrest and has not consented OR
- Not under arrest and has not consented
- Can apply to a child or incapable person
- Prescribed offence for Intimate procedure or an offence for a non-intimate procedure
- Reasonable grounds to believe a evidence may be obtained
- Justified in all the circumstances
Define “Justified in all the Circumstances” as per S24(4) of the Crimes (Forensic Procedures) Act
Must balance public interest in obtaining evidence of the alleged offence against upholding the persons integrity having regard to;
a) the gravity of the offence
b) serious of circumstances
c) degree of participation
d) age, cultural background
e) best interests of the child or person
f) other ways of obtaining evidence
g) reasons the suspect has refused consent
h) time in custody
i) other matters
What is the case law that addresses the need to assess the requirements of S24(4) of the Crimes (Forensic Procedures) Act?
Walker v Budgon
“Balance of invasiveness compared against public interest”
What is a suspect as per S3(1) of the Crimes (Forensic Procedures) Act?
Person who police suspect on reasonable grounds has committed an offence OR,
Person who is charge with an offence OR,
Person who has been summoned to appear before court in relation to an offence.
What are the 2 case laws in regards to a suspect’s DNA already on file? What do these case law’s outline?
Jordan Gibson v NSW CoP and Plassas v Person
- Possible prejudice of original DNA hit leading to possible admissions issues
- New DNA hit prevents old DNA hit being challenged for being too prejudicial
What are the requirements for a UFO as per Part 7A of the Crimes (Forensic Procedures) Act?
Must have served a term of imprisonment
Has a court attendance notice served
Statement from FIRM to confirm that DNA has not been obtained
What is the procedure for a hearing of a forensic procedure as per S30 of the Crimes (Forensic Procedures) Act?
A suspect who is a child, incapable person or ATSI, must have interview friend present or may be legally represented.
ATSI does not need interview friend present if they have waived their right
Must be asked if they are ATSI
Must introduce Forensic Procedure Application and Signed affidavit along with any other exhibits the application relies on
With leave of the magistrate, may cross examine
What part of LEPRA gives the power to obtain fingerprints for the purpose of other than that of a forensic procedure?
Section 114.
