(3) This section has effect subject to section 23L.
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 physical disability, to communicate orally with reasonable fluency in that language, the official must, before starting to question the person, arrange for the presence of an interpreter and defer the questioning or investigation until the interpreter is present.
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 he or she requests that the consular office of:
(i) the country of which he or she is a citizen; or
(ii) the country to which he or she claims a special connection;
be notified that he or she is under arrest or a protected suspect (as the case requires), that consular office will be notified accordingly; and
(b) if the person so requests—notify that consular office accordingly; and
(c) inform the person that he or she may communicate with, or attempt to communicate with, that consular office; and
(d) give the person reasonable facilities to do so; and
(e) forward any written communication from the person to that consular office; and
(f) allow the person a reasonable time to, or to attempt to, communicate with that consular office.
(2) Without limiting subsection (1), an investigating official must not start to question the person unless paragraphs (1)(c), (d) and (f) have been complied with.
23Q Treatment of persons under arrest
A person who is under arrest or a protected suspect must be treated with humanity and with respect for human dignity, and must not be subjected to cruel, inhuman or degrading treatment.
23S Right to remain silent etc. not affected
Nothing in this Part affects:
(a) the right of a person to refuse to answer questions or to participate in an investigation except where required to do so by or under an Act; or
(b) any burden on the prosecution to prove the voluntariness of an admission or confession made by a person; or
(ba) any burden on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or
(c) the discretion of a court to exclude unfairly obtained evidence; or
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(d) the discretion of a court to exclude illegally or improperly obtained evidence.
23T Acts authorised under other laws
Nothing in this Part prevents an investigating official from asking or causing a person to do a particular thing that the official is authorised to ask or cause the person to do under:
(a) another law of the Commonwealth; or
(b) a provision of a law of the Australian Capital Territory.
23U Tape recording of information required to be given to person under arrest
(1) If a person is under arrest or a protected suspect, an investigating official who is required by this Part to give the person certain information (including a caution) must tape record, if practicable, the giving of that information and the person’s responses (if any).
(2) In any proceedings, the burden lies on the prosecution to prove whether it was practicable to tape record the giving of that information and the person’s responses (if any).
23V Tape recording of confessions and admissions
(1) If a person who is being questioned as a suspect (whether under arrest or not) makes a confession or admission to an investigating official, the confession or admission is inadmissible as evidence against the person in proceedings for any Commonwealth offence unless:
(a) if the confession or admission was made in circumstances where it was reasonably practicable to tape record the confession or admission—the questioning of the person and anything said by the person during that questioning was tape recorded; or
(b) in any other case:
(i) when questioning the person, or as soon as practicable afterwards, a record in writing was made, either in English or in another language used by the person during questioning, of the things said by or to the person during questioning; and
(ii) as soon as practicable after the record was made, it was read to the person in the language used by him or her during questioning and a copy of the record was made available to the person; and
(iii) the person was given the opportunity to interrupt the reading at any time for the purpose of drawing attention to any error or omission that he or she claimed had been made in or from the record and, at the end of the reading, the person was given the opportunity to state whether he or she claimed that there were any errors in or omissions from the record in addition to any to which he or she had drawn attention in the course of the reading; and
(iv) a tape recording was made of the reading referred to in subparagraph (ii) and of everything said by or to the person as a result of compliance with subparagraph (iii), and the requirements of subsection (2) were observed in respect of that recording; and
(v) before the reading referred to in subparagraph (ii), an explanation, in accordance with the form in the Schedule, was given to the person of the procedure that would be followed for the purposes of compliance with that subparagraph and subparagraphs (iii) and (iv).
(2) If the questioning, confession or admission, or the confirmation of a confession or admission, of a person is recorded as required under this section, the investigating official must, without charge:
(a) if the recording is an audio recording only or a video recording only—make the recording or a copy of it available to the person or his or her legal representative within 7 days after the making of the recording; and
(b) if both an audio recording and a video recording were made—make the audio recording or a copy of it available to the person or his or her legal representative within 7 days after the making of the recording, and inform the person or his or her legal representative that an opportunity will be provided, on request, for viewing the video recording; and
(c) if a transcript of the tape recording is prepared—make a copy of the transcript available to the person or his or her legal representative within 7 days after the preparation of the transcript.
(4) Despite any arrangement made under the Commonwealth Places (Application of Laws) Act 1970, this section applies to any offence under a law applied by that Act if the investigating official is a member or special member of the Australian Federal Police.
(5) A court may admit evidence to which this section applies even if the requirements of this section have not been complied with, or there is insufficient evidence of compliance with those requirements, if, having regard to the nature of and the reasons for the non‑compliance or insufficiency of evidence and any other relevant matters, the court is satisfied that, in the special circumstances of the case, admission of the evidence would not be contrary to the interests of justice.
(6) A court may admit evidence to which this section applies even if a provision of subsection (2) has not been complied with if, having regard to the reasons for the non‑compliance and any other relevant matters, the court is satisfied that it was not practicable to comply with that provision.
(6A) To avoid doubt, subsection (6) does not limit subsection (5).
(7) If a judge permits evidence to be given before a jury under subsection (5) or (6), the judge must inform the jury of the non‑compliance with the requirements of this section, or of the absence of sufficient evidence of compliance with those requirements, and give the jury such warning about the evidence as he or she thinks appropriate in the circumstances.
23W Proof of belief
In any proceedings, the burden lies on the prosecution to prove that an investigating official had a belief on reasonable grounds as to a matter referred to in this Part.
Commonwealth Coat of Arms of Australia
Crimes Act 1914
No. 12, 1914
Compilation No. 165
Compilation date: 18 February 2026
Includes amendments: Act No. 1, 2026
This compilation is in 3 volumes
Volume 1: sections 1‑15F
Volume 2: sections 15G‑23W
Volume 3: sections 23WA‑91
Schedule
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Crimes Act 1914 that shows the text of the law as amended and in force on 18 February 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part ID—Forensic procedures
Division 1—Explanation of expressions used
23WA Definitions
23WB Interview friends
Division 2—Authority and time limits for forensic procedures on suspects: summary of rules
23WC How forensic procedures may be authorised in different circumstances
23WCA Time limits for carrying out forensic procedures
Division 3—Forensic procedures on suspect by consent
23WD Forensic procedure may be carried out with informed consent of suspect
23WE People who cannot consent to forensic procedures
23WF Informed consent to forensic procedures—general
23WG Informed consent to forensic procedures—Aboriginal persons and Torres Strait Islanders
23WH Constable may request suspect to consent to forensic procedure
23WI Matters to be considered by constable before requesting consent to forensic procedure
23WJ Matters that suspect must be informed of before giving consent
23WK Withdrawal of consent
23WL Recording of giving of information and suspect’s responses
23WLA Time for carrying out forensic procedure—suspect not in custody
Division 4—Non‑intimate forensic procedures on suspect by order of senior police officer
23WM Non‑intimate forensic procedure may be carried out by order of senior police officer
23WN Circumstances in which senior police officer may order non‑intimate forensic procedures
23WO Matters to be considered by senior police officer before ordering forensic procedure
23WP Record of senior police officer’s order
Division 5—Forensic procedures on suspect by order of a magistrate
Subdivision A—General
23WQ Forensic procedure may be carried out by order of magistrate
23WR Circumstances in which magistrate may order forensic procedure
Subdivision B—Final orders
23WS Final order for carrying out of forensic procedure
23WT Matters to be considered by magistrate before ordering forensic procedure
23WU Application for order
23WV Securing the presence of suspect at hearing—suspect in custody
23WW Securing the presence of suspect at hearing—suspect not in custody
23WX Procedure at hearing of application for order
23WY Making of order
Subdivision C—Interim orders
23XA Interim order for carrying out of a forensic procedure
23XB Application for interim order
23XC Procedure at hearing of application for interim order
23XD Making of interim order
23XE Records of application and interim order
23XF Suspect may be prevented from destroying or contaminating evidence
23XG Results of forensic procedure carried out under interim order
Subdivision D—Time limits for forensic procedures ordered by magistrates
23XGA Application
23XGB Time for carrying out forensic procedure—suspect not in custody
23XGC Arrest of suspect not in custody
23XGD Time for carrying out forensic procedure—suspect in custody
Subdivision E—Reports of proceedings under Division
23XH Restrictions on publication
Division 6—Carrying out forensic procedures on suspects
Subdivision A—General provisions
23XI General rules for carrying out forensic procedures
23XIA No questioning during forensic procedure
23XIB Suspect must be cautioned before forensic procedure starts
23XJ Use of force in carrying out forensic procedures
23XK Forensic procedures not to be carried out in cruel, inhuman or degrading manner
23XL Taking of hair samples
Subdivision B—Persons involved in forensic procedures
23XM Persons who may carry out forensic procedures
Subdivision C—Further provisions about who may carry out forensic procedures
23XN Certain forensic procedures generally to be carried out by person of same sex as suspect
23XO Person may get help to carry out forensic procedures
Subdivision D—Presence of other people while forensic procedure is carried out
23XP Medical practitioner or dentist of suspect’s choice may be present for intimate forensic procedures
23XQ Presence of interview friend or legal representative—children and incapable persons
23XR Presence of interview friend or legal representative—Aboriginal persons and Torres Strait Islanders
23XS Presence of constables
23XSA Presence of prison officers
Subdivision E—Recording of forensic procedure
23XT Recording of forensic procedure
Subdivision F—Procedure after forensic procedure is carried out
23XU Samples—sufficient material to share
23XUA Samples—insufficient material to share
23XV Photographs
23XW Results of analysis
23XWA Preventing the carrying out of forensic procedure
Division 6A—Carrying out of certain forensic procedures after conviction of serious and prescribed offenders
23XWB Forensic procedures to which Division applies
23XWC Non‑intimate forensic procedures authorised to be carried out on offenders
23XWD Intimate forensic procedures authorised to be carried out on serious offenders
23XWE Application of Division 6
23XWF Scope of authorisation
23XWG Informed consent to forensic procedures
23XWH Constable may request offender to consent to forensic procedure
23XWI Matters to be considered by constable before requesting consent to forensic procedure
23XWJ Matters that offender must be informed of before giving consent
23XWK Circumstances in which constable may order non‑intimate forensic procedure
23XWL Matters to be considered by constable
23XWM Recording of giving of information and consent
23XWN Record of constable’s order
23XWNA Circumstances in which judge or magistrate may order forensic procedure
23XWO Judge or magistrate order for carrying out forensic procedure on offender
23XWOA Securing the presence of offender at hearing—offender in custody
23XWOB Securing the presence of offender at hearing—offender not in custody
23XWP Carrying out forensic procedure following conviction
Division 6B—Carrying out of forensic procedures on volunteers and certain other persons
23XWQ Carrying out of forensic procedures on volunteers
23XWR Informed consent of volunteer or parent or guardian of volunteer
23XWS Recording of giving of information and consent
23XWT Withdrawal of consent
23XWU Circumstances in which magistrate may order the carrying out of forensic procedure on a child or incapable person
23XWV Retention of forensic material by order of a magistrate after volunteer, parent or guardian of child or incapable person withdraws consent
Division 7—Admissibility of evidence
Subdivision A—Forensic evidence
23XX Inadmissibility of evidence from improper forensic procedures etc.
23XY Inadmissibility of evidence where forensic material required to be destroyed
Subdivision B—Other evidence
23XZ Admissibility of evidence relating to consent to forensic procedure
23YA Admissibility of evidence relating to carrying out of forensic procedure
23YB Obstructing the carrying out of forensic procedure
Subdivision C—Application
23YBA Division does not apply to a proceeding in a foreign country or an international tribunal
Division 8—Destruction of forensic material
23YBB Application
23YC Destruction of forensic material where interim order disallowed
23YD Destruction of forensic material after 12 months
23YDAA Destruction of forensic material taken from offender after conviction quashed
23YDAB Destruction of forensic material where related evidence is inadmissible
Division 8A—Commonwealth and State/Territory DNA database systems
23YDAC Definitions
23YDACA Integration of Commonwealth DNA database system and State/Territory DNA database systems
23YDAD Supply of forensic material for purposes of DNA database
23YDAE Use of information on Commonwealth DNA database system or NCIDD