Section 23XS — Crimes Act 1914: Presence of constables

(1) The number of constables that may be present during the carrying out of a forensic procedure must not exceed that which is reasonably necessary to ensure that the procedure is carried out effectively and in accordance with this Part. (2) Where the presence of a constable (other than a constable who is carrying out or helping to carry out the procedure) is reasonably necessary to ensure that a forensic procedure is carried out effectively and in accordance with this Part, the constable is: (a) if the suspect is a child—to be of the same sex as the suspect; or (b) in any other case—to be of the same sex as the suspect unless it is not practicable for such a constable to attend within a reasonable time. Note: Section 23XN provides that, if practicable, most forensic procedures are to be carried out by persons of the same sex as the suspect. (3) This section does not apply to the following forensic procedures: (a) the taking of hand prints, finger prints, foot prints or toe prints; (b) any non-intimate forensic procedure that may be carried out without requiring the suspect to remove any clothing except his or her overcoat, coat, jacket, gloves, socks, shoes and hat.