Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 23G — Right to communicate with friend, relative and legal practitioner
(1) Subject to section 23L, if a person is under arrest or a protected suspect, an investigating official must, before starting to question the person, inform the person that he or she may: (a)…
Section 23WG — Informed consent to forensic procedures—Aboriginal persons and Torres Strait Islanders
(1) This section applies where: (a) a constable intends to ask a suspect to consent to a forensic procedure; and (b) the constable believes on reasonable grounds that the suspect is an Aboriginal…
Section 23XG — Results of forensic procedure carried out under interim order
(1) A sample taken under an interim order must not be analysed unless: (a) the sample is likely to perish before a final order is made; or (b) a final order is made. (2) A person who conducts an…
Section 23XWG — Informed consent to forensic procedures
(1) An offender gives informed consent to a forensic procedure if the offender consents after a constable: (a) requests the offender to consent to the forensic procedure under section 23XWH; and (b)…
Section 23YDAG — Recording, retention and removal of identifying information on Commonwealth DNA database system
(1) A person commits an offence if: (a) the person’s conduct causes any identifying information about a person obtained from forensic material taken from the person under this Part to be recorded or…
Section 23YG — Material required to be made available to suspect, offender or volunteer
(1) Material from samples, copies, or any other material, that must be made available to a suspect, offender or volunteer under this Part: (a) may be sent to the suspect, offender or volunteer at his…
Section 23YUG — Use of information on DNA database systems
(1) Despite section 23YDAE, a person may access information stored on the Commonwealth DNA database system or NCIDD if: (a) the access is for the purpose of forensic comparison under a law of a State…
Section 23ZG — Delegation by head of police force
The head of a police force (including the Commissioner) may, by writing, delegate to a constable who is a member of the force all or any of the head’s powers, functions and duties under this Part.
Section 23H — Aboriginal persons and Torres Strait Islanders
(1) Subject to section 23L, if the investigating official in charge of investigating a Commonwealth offence believes on reasonable grounds that a person who is under arrest, or who is a protected…
Section 23WH — Constable may request suspect to consent to forensic procedure
A constable may ask a suspect to undergo a forensic procedure if the constable is satisfied as required by section 23WI.
Section 23XH — Restrictions on publication
A person must not intentionally, in any report of a proceeding under this Division, publish: (a) the name of the suspect; or (b) any information likely to enable the identification of the suspect;…
Section 23XWH — Constable may request offender to consent to forensic procedure
A constable may request: (a) a serious offender (other than a child or an incapable person) to consent to an intimate or non-intimate forensic procedure to which this Division applies being carried…
Section 23YH — No charge to be made for giving material etc. to suspects, offenders and volunteers
If a provision of this Part requires material of any kind to be given to a suspect, offender or volunteer, or an opportunity to view a video recording to be given to a suspect, offender or volunteer,…
Section 23YUH — Permissible matching of DNA profiles
(1) Despite section 23YDAF, a person may match a DNA profile on the unknown deceased persons index of the Commonwealth DNA database system with another DNA profile on that index if the matching is…
Section 23WI — Matters to be considered by constable before requesting consent to forensic procedure
(1) The constable must be satisfied on the balance of probabilities that: (a) the person on whom the procedure is proposed to be carried out is a suspect; and (b) there are reasonable grounds to…
Section 23XI — General rules for carrying out forensic procedures
A forensic procedure: (a) must be carried out in circumstances affording reasonable privacy to the suspect; and (b) except as permitted (expressly or impliedly) by other provisions of this Part, must…
Section 23XWI — Matters to be considered by constable before requesting consent to forensic procedure
Before a request is made under section 23XWH, the constable must be satisfied on the balance of probabilities that: (a) in the case of a person on whom the procedure is proposed to be carried out who…
Section 23YI — Proof of belief or suspicion
In any proceedings, the burden lies on the prosecution to prove on the balance of probabilities that a constable had a belief on reasonable grounds, or suspected on reasonable grounds, as to a matter…
Section 23YUI — Disclosure of information
(1) Despite section 23YO, or any law of a State or Territory relating to forensic procedures and DNA databases, a person may disclose information stored on the Commonwealth DNA database system, NCIDD…
Section 23WJ — Matters that suspect must be informed of before giving consent
(1) The constable must inform the suspect of the following matters: (a) that the giving of information under this section, and the giving of consent (if any) by the suspect, is being or will be…
Section 23XJ — Use of force in carrying out forensic procedures
(1) Subject to subsection (2) and section 23XK, a person authorised to carry out a forensic procedure on a person, or a constable, may use reasonable force: (a) to enable a forensic procedure to be…
Section 23XWJ — Matters that offender must be informed of before giving consent
(1) The constable must inform the offender of the following: (a) the purpose for which the forensic procedure is required; (b) if the constable wants the forensic procedure carried out in relation to…
Section 23YJ — Proof of impracticability
In any proceedings, the burden lies on the prosecution to prove on the balance of probabilities that it was not practicable to do something required by this Part to be done if practicable.
Section 23YUJ — This Division does not restrict operation of this Part
This Division does not limit the circumstances in which a person may: (a) access information stored on the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system; or (b)…
Section 23K — Persons under 18
(1) Subject to section 23L, if an investigating official: (a) interviews a person as a suspect (whether under arrest or not) for a Commonwealth offence, and believes on reasonable grounds that the…
Section 23WK — Withdrawal of consent
If a person expressly withdraws consent to the carrying out of a forensic procedure under this Part (or if the withdrawal of such consent can reasonably be inferred from the person’s conduct) before…
Section 23XK — Forensic procedures not to be carried out in cruel, inhuman or degrading manner
For the purpose of this Part, the carrying out of a forensic procedure is not of itself taken to be cruel, inhuman or degrading. However, nothing in this Part authorises the carrying out of a…
Section 23XWK — Circumstances in which constable may order non-intimate forensic procedure
A constable may order the carrying out of a non-intimate forensic procedure to which this Division applies on a serious offender or the taking of the fingerprints of a prescribed offender other than…
Section 23YK — Proof of voluntary waiver of certain rights
In any proceedings: (a) the burden lies on the prosecution to prove that an Aboriginal person or Torres Strait Islander has waived a right as mentioned in subsection 23WG(3) or subsection 23XR(3);…
Section 23L — Exceptions
(1) Subject to subsections (2) and (4), if a requirement imposed on an investigating official by this Part is expressed as being subject to this section, the requirement does not apply if, and for so…
Section 23WL — Recording of giving of information and suspect’s responses
(1) The constable must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the suspect’s responses (if any) are tape recorded. (2) If tape recording…
Section 23XL — Taking of hair samples
A person is authorised to take a sample of hair of a suspect by removing the root of the hair only if: (a) the person takes only so much hair as the person believes is necessary for analysis of the…
Section 23XWL — Matters to be considered by constable
In determining whether to make an order under section 23XWK, the constable is to take into account: (a) whether this Part would authorise the forensic procedure to be carried out in the absence of…
Section 23YL — Liability for forensic procedures
No civil or criminal liability is incurred by any person (including a constable) who carries out, or helps to carry out, a forensic procedure under this Part in respect of anything properly and…
Section 23YUL — Concurrent operation of State and Territory laws
The application of this Part in relation to State offences that have a federal aspect is not intended to limit or exclude the concurrent operation of any law of a State or of the Australian Capital…
Section 23M — Providing information relating to persons who are under arrest or protected suspects
(1) An investigating official must inform a person (the first person) who is under arrest or a protected suspect of any request for information as to his or her whereabouts by any of his or her…
Section 23WM — Non-intimate forensic procedure may be carried out by order of senior police officer
(1) A person is authorised to carry out a non-intimate forensic procedure on a suspect by order of a senior police officer under section 23WN. The person is authorised to carry out the procedure in…
Section 23XM — Persons who may carry out forensic procedures
(1) The table following subsection (4) shows, for each forensic procedure, the persons who may carry out the procedure under this Part. A person not specified in the second column of the table is not…
Section 23XWM — Recording of giving of information and consent
(1) The constable must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the offender’s responses (if any) are tape recorded. (2) If tape recording…
Section 23YM — Experts not obliged to carry out forensic procedures
Nothing in this Part requires a medical practitioner, nurse, dentist, dental technician or appropriately qualified person to carry out a forensic procedure.
Section 23N — Right to interpreter
Where an investigating official believes on reasonable grounds that a person who is under arrest or a protected suspect is unable, because of inadequate knowledge of the English language or a…
Section 23WN — Circumstances in which senior police officer may order non-intimate forensic procedures
A senior police officer may order the carrying out of a non-intimate forensic procedure on a suspect who is in custody if: (a) the suspect has been asked under Division 3 to consent to the carrying…
Section 23XN — Certain forensic procedures generally to be carried out by person of same sex as suspect
(1) If practicable, an intimate forensic procedure (other than the taking of a sample of blood or a dental impression) is to be carried out: (a) if the suspect is an adult—by a person of the same sex…
Section 23XWN — Record of constable’s order
(1) The constable must, at the time of, or as soon as practicable after, making an order under section 23XWK, make a record of: (a) the order; and (b) the date and time when the order was made; and…
Section 23YN — Retention of electronic recordings
(1) A tape recording made by a constable in accordance with this Part that is no longer required for investigative or evidentiary purposes may be retained for such other purposes, and for such…
Section 23WO — Matters to be considered by senior police officer before ordering forensic procedure
(1) The senior police officer must be satisfied on the balance of probabilities that: (a) the suspect is in the lawful custody of a constable; and (b) there are reasonable grounds to believe that the…
Section 23XO — Person may get help to carry out forensic procedures
(1) A person who is authorised to carry out a forensic procedure under the table in section 23XM is authorised to ask another person to help him or her to carry out the procedure, and the other…
Section 23XWO — Judge or magistrate order for carrying out forensic procedure on offender
(1) An authorised applicant may apply to any judge or magistrate for an order for the carrying out of an intimate forensic procedure, or a non-intimate forensic procedure, to which this Division…
Section 23YO — Disclosure of information
(1) A person commits an offence if: (a) the person has access to any information stored on the Commonwealth DNA database system or NCIDD or to any other information revealed by a forensic procedure…
Section 23P — Right of non-Australian nationals to communicate with consular office
(1) Subject to section 23L, if a person who is under arrest or a protected suspect is not an Australian citizen, an investigating official must, as soon as practicable: (a) inform the person that if…