Forensic Procedures

Question 1

What is the legislation for forensic procedures?

Answer 1

Crimes (Forensic Procedures) Act 2000

Question 2

What section of the act should you refer to determine how forensic procedures can be justified in different circumstances?

Answer 2

Section 5 of the Crimes (Forensic Procedures) Act 2000

Question 3

What provisions authorize carrying out of a forensic procedures on suspects under arrest? (Intimate and non-intimate)

Answer 3

S. 5 Crimes (Forensic Procedures) Act 2000

Non-Intimate
- Informed consent
- Senior police officer order (if non-consent)

Intimate
- Informed consent
- Order of magistrate (if non-consent)

Question 4

What criteria must be met for police to obtain a non-intimate forensic procedure for suspect under arrest?

Answer 4

• Adult
• Under arrest
• Alleged to have committed an offence
• Reasonable ground to believe procedure might produce evidence tending to confirm/disprove
  that offence
• A comparable sample must be available
• Suspect gives informed consent or senior officer order issued
• Must give suspect reasonable opportunity to communicate with Australian Legal Practitioner

Question 5

What type of offence must be committed by suspect to justify a non-intimate/intimate Forensic Procedure?

Answer 5

Non intimate – An offence

Intimate – A prescribed offence (Indictable)

Question 6

What must you consider for ATSI suspects?

Answer 6

• Police must notify ALS about asking suspect to consent
• Most must inform suspect ALS will be notified
• Give opportunity to communicate with lawyer
• Don’t ask suspect to consent unless they have an interview friend present, or they have expressly and
  voluntarily waived their right to have one present

Question 7

Do I have to video/audio record the forensic procedure for suspects?

Answer 7

• Consent process MUST be recorded
• Suspect can only object to the recording of the actual FP
• If suspect objects to recording, independent person MUST be present unless suspect waives this
  right

Question 8

If the suspect is a YP, what criteria/considerations are involved for Forensic Procedures?

Answer 8

• Suspect under arrest/not under arrest
• Alleged to have committed indictable offence
• Suspect under 18 cannot consent
• Application needs to be made to magistrate/authorized person
• Application is justified in all the circumstances
• Reasonable grounds FP might produce evidence to prove/disprove YP involvement

Question 9

One of the major challenges in court is the successful police use of DNA evidence in the capacity of police to prove continuity. DNA kits have been designed to be tamper evident, however you must nevertheless show that the DNA evidence you have given is?

Answer 9

• Properly taken in the first instance
• Correctly identified and labelled
• Ensure that part of the material is made available to the suspect as soon as practically possible.
• Properly stored and transported to the Forensic and Analytical Science Service (FASS) laboratory (within five days)
• Properly analysed by the analytical laboratory
• Correctly certified and matched to the correct person and,
• Not tampered or interfered with by any person in any way during this process
• Ensure that a copy of the forensic analysis results is made available to the suspect within 90 days after the results are available.
• If doing so would prejudice the investigation, the results must only be made available a reasonable time before evidence of it is cited in any prosecution of the suspect for the offence.

Question 10

What is the recommended approach to interviewing a suspect in relation to a DNA “match”?

Answer 10

1. Tell the suspect that DNA was located at place/date by police in relation to an offence (tell
   them the offence) that occurred when/where
2. Tell the suspect that the DNA was taken to laboratory for analysis
3. Tell the suspect whether or not there has been a match between the DNA found at the crime and the suspects DNA

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