Criminal Law (Forensic Procedures) Act 2007 (SA)

South Australia Criminal Law (Forensic Procedures) Act 2007 An Act to provide for carrying out forensic procedures to obtain evidence relevant to the investigation of criminal offences and for other purposes; to make provision for a DNA database system; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act 5 Extra-territorial operation Part 2—Authorisation of forensic procedures Division 1—Volunteers and victims procedures 6 Interpretation 7 Volunteers and victims procedures 8 Authorisation by consent of relevant person 9 Authorisation by senior police officer 10 Withdrawal of consent 11 Volunteers and victims procedure not to be carried out on protected person who objects to procedure 12 Provision of information Division 2—Suspects procedures 13 Interpretation 14 Suspects procedures 15 Application for order 16 Conduct of hearing 17 Respondent's rights at hearing of application 18 Applications of special urgency 19 Making of order Division 3—Offenders procedures 20 Offenders procedures Division 4—Blood testing of certain persons for communicable diseases 20A Interpretation 20B Senior police officer may require certain persons to provide blood sample Part 3—Carrying out forensic procedures Division 1—General provisions on carrying out forensic procedures 21 Forensic procedures to be carried out humanely 22 Right to be assisted by interpreter 23 Duty to observe relevant medical or other professional standards 24 Who may carry out forensic procedure 25 Right to have witness present 26 Audiovisual record of intrusive procedures to be made 27 Exemption from liability Division 2—Special provisions relating to suspects and offenders procedures 28 Application of Division 29 Police officer may issue directions 30 Warnings to be given by police officer 31 Use of force 32 Obstruction Part 4—How forensic material is to be dealt with Division 1—Access to forensic material 33 Person to be given sample of material for analysis following suspects or offenders procedure Division 2—Analysis of certain material 34 Hair samples 34A Forensic material obtained under Part 2 Division 4 Division 3—Retention and assimilation orders 35 Interpretation 36 Order for retention of forensic material obtained by carrying out volunteers and victims procedure on protected person 37 Order for forensic material obtained by volunteers and victims procedure to be treated as if obtained by suspects procedure 38 General provisions relating to applications under this Division Division 4—Destruction of certain forensic material 39 Destruction of forensic material obtained by carrying out volunteers and victims procedure 39A Destruction of forensic material obtained under Part 2 Division 4 Part 5—The DNA database system 40 Interpretation 41 Commissioner may maintain DNA database system 42 Storage of information on DNA database system 43 Specific consent required for storage of DNA profile on a volunteers index 44 Storage of information on suspects/offenders index following assimilation order 45 Access to and use of DNA database system 46 Removal of information from DNA database system Part 6—Evidence 47 Effect of non-compliance on admissibility of evidence 48 Admissibility of evidence of denial of consent, obstruction etc 48A Inadmissibility of evidence relating to forensic procedure under Part 2 Division 4 49 Evidentiary certificates Part 7—Miscellaneous 50 Confidentiality 50A Release and disclosure for scientific purposes 51 Restriction on publication 52 State Records Act 1997 not to apply 53 Forensic material lawfully obtained in another jurisdiction 54 Subsequent procedure where insufficient material obtained 55 Power to require forensic procedure on deceased person 56 Arrangements with other jurisdictions 57 Compliance audits 58 Regulations Schedule 1—Transitional provisions Part 4—Transitional provisions 6 Retention of fingerprints etc obtained in accordance with Summary Offences Act 1953 7 Material obtained in accordance with repealed Act 8 Retention and assimilation orders under repealed Act 9 Continuation of DNA database system 10 Validation provision Legislative history