Section 23WCA — Crimes Act 1914: Time limits for carrying out forensic procedures

The following table sets out in general terms the time limits that apply to the carrying out of a forensic procedure depending on the status of the suspect and the source of the authority to carry out the procedure. Time limits for forensic procedures Suspect’s status Procedure with suspect’s consent (Division 3) Procedure by order of a constable (Division 4) Procedure by order of a magistrate (Division 5) 1 Child or incapable person not in custody Not applicable Not applicable Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding “dead time” described in subsection 23XGB(2) (see section 23XGB).

2 Aboriginal person or Torres Strait Islander (not a child or incapable person) not in custody Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding “dead time” described in subsection 23WLA(2) (see section 23WLA). Not applicable Procedure must be carried out within 2 hours after suspect presents to investigating constable, disregarding “dead time” described in subsection 23XGB(2) (see section 23XGB).

3 Suspect (not covered by item 1 or 2) not in custody Procedure must be carried out within 4 hours after suspect presents to investigating constable, disregarding “dead time” described in subsection 23WLA(2) (see section 23WLA). Not applicable Procedure must be carried out within 4 hours after suspect presents to investigating constable, disregarding “dead time” described in subsection 23XGB(2) (see section 23XGB).

4 Child or incapable person in custody Not applicable Not applicable In addition to the detention period permitted under Part IC, suspect may be detained for up to 2 hours after magistrate’s order or suspect’s arrest, disregarding “dead time” described in subsection 23XGD(2) (see Subdivision D of Division 5).

5 Aboriginal person or Torres Strait Islander (not a child or incapable person) in custody Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WD(3) and (4)). Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WM(3) and (4)). In addition to the detention period permitted under Part IC, suspect may be detained for up to 2 hours after magistrate’s order or suspect’s arrest, disregarding “dead time” described in subsection 23XGD(2) (see Subdivision D of Division 5).

6 Suspect (not covered by item 4 or 5) in custody Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WD(3) and (4)). Suspect may be detained in accordance with Part IC, but the detention period permitted by Part IC is not extended in connection with carrying out the procedure (see subsections 23WM(3) and (4)). In addition to the detention period permitted under Part IC, suspect may be detained for up to 4 hours after magistrate’s order or suspect’s arrest, disregarding “dead time” described in subsection 23XGD(2) (see Subdivision D of Division 5).