ACTIn ForceRegulation
Court Procedures Rules
4807Forensic proceedings—application and service
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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