4807Forensic proceedings—application and service

4807 Forensic proceedings—application and service (1) If an application to carry out a forensic procedure on a serious offender or prescribed offender is made to the court that is sentencing the offender— (a) notice of the application must be given to the offender at least 7 days before the sentencing; and (b) the application must be made orally at the sentencing. (2) If an application to carry out a forensic procedure on a serious offender or prescribed offender is made to a court after the sentencing of the offender— (a) the application must be filed with the court; and (b) a sealed copy of the application must be served personally on the offender at least 7 days before the return date for the Note 1 Return date, for an application, is defined in the dictionary. Note 2 Under the Act, pt 2.7, a police officer may apply to any court for an order for the carrying out of an intimate or non-intimate forensic procedure for a serious offender in certain circumstances (see the Act s 77 (1) and (2)). The application may be made to the court that is sentencing the serious offender or prescribed offender or to any other court at a later time (see the Act, s 77 (3)). Note 3 Under the Crimes Act, pt 1D, div 6A, an authorised applicant may apply to any court for an order for the carrying out of an intimate or non-intimate forensic procedure in certain circumstances (see the Crimes Act s 23XWO (1) and (2)). This application may be made to the court that is sentencing a serious offender or prescribed offender or to any other court at a later time (see the Crimes Act, s 23XWO (5)).

Rule 4808