MLL218 Study Guide - Final Guide: Crimes Act 1958, Crimes Act 1914, Buccal Swab
24 May 2018
School
Department
Course
Professor
4b Forensic Procedures
CRIMES ACT 1958 (Vic) ss 464R – 464ZK
CRIMES ACT 1914 (Cth) s 23WA- 23XWA
DEFINITION: The taking of a sample of any part of the body, whether an intimate or non-
intimate sample or any other type of sample, or the conduct of any procedure on or physical
examination of the body
Victoria
Does not include fingerprinting: s464(2)
Commonwealth
Does include fingerprinting
Both VIC and Cth distinguish between:
- intimate (sample of pubic hair, saliva, buccal swab*, dental impression or blood
sample) and,
- non-intimate (scraping under fingernails, matter from under toenail or fingernail
and hair sample (non pubic)) procedures
VIC: S 464(2) Crimes Act 1958 (Vic)
What forensic procedure legislation makes lawful?
1. Interference with physical liberty e.g. police execute a warrant to arrest a person in
order to carry out a court-ordered DNA test
2. Interference with bodily integrity e.g. blood is drawn or hair is plucked
3. Intrusion by the state into a person’s day-to-day life without specific grounds to suspect
that person e.g. police ask volunteers in a small community to come forward to provide
DNA samples as part of a mass screening; and
4. Collection, use and retention of genetic information, e.g. police for law enforcement
purposes seek to ath a suspets DNA ith DNA that as foud at a rie see or seek
to ath DNA fro a rie see agaist a oputerised DNA dataase of ko persos
DNA profiles.
AGE AND FORENSIC PROCEDURE:
Under 10 10 to 18 18+
No forensic procedure Children’s Ct gives order Below
a. Informed consent: s464R(2)(a)
b. Snr PO can authorise conduct of non intimate procedure: s464SA
c. Mag court order required suspect:
a. To provide sample/undergo examination
b. Who has oitted a foresi saple offee to provide sample or
examination
find more resources at oneclass.com
find more resources at oneclass.com
NB Police may use REASONABLE FORCE when obtaining FS when suspect has refused: s
464ZA
THE PROCESS – ADULTS
When? S 464R
PO can request a suspect to undergo if
1. The suspect (18 or older who is suspected, charged or summonsed to an offence)
a. Is suspected on reasonable grounds, or
b. Has been charged, or
c. Summonsed for an indictable offence
2. There are reasonable grounds to believe
3. The proedure ould ted to ofir or disapproe the Ss ioleet i the
indictable offence
INFORMED CONSENT - ADULTS
Caution: s464Y(1)
1. PO must provide info so that consent is informed consent
2. Giving of indo should be recorded: s464S(2)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Crimes act 1958 (vic) ss 464r 464zk. Definition: the taking of a sample of any part of the body, whether an intimate or non- intimate sample or any other type of sample, or the conduct of any procedure on or physical examination of the body. Does include fingerprinting intimate (sample of pubic hair, saliva, buccal swab*, dental impression or blood sample) and, non-intimate (scraping under fingernails, matter from under toenail or fingernail and hair sample (non pubic)) procedures. Below: informed consent: s464r(2)(a, snr po can authorise conduct of non intimate procedure: s464sa, mag court order required suspect, to provide sample/undergo examination, who has (cid:272)o(cid:373)(cid:373)itted a (cid:858)fore(cid:374)si(cid:272) sa(cid:373)ple offe(cid:374)(cid:272)e(cid:859) to provide sample or examination. Nb police may use reasonable force when obtaining fs when suspect has refused: s. It must be within 6 months after expiry of relevant appeal period and must specify type of sample (intimate/non intimate): s 464zf(4) For sample of gunshot residue: firearm was discharged during offence.
