ACTIn ForceAct
Crimes (Forensic Procedures) Act 2000
41Interim order for immediate carrying out of forensic
Start here
Get a plain-English read of 41
Turn the raw legal text into a practical explanation grounded in Crimes (Forensic Procedures) Act 2000.
41 Interim order for immediate carrying out of forensic
(1) A magistrate may make an interim order authorising the immediate
carrying out of a forensic procedure on a suspect if—
(a) section 32 (Circumstances in which magistrate may order
forensic procedure) applies; and
(b) the magistrate is satisfied that the probative value of evidence
obtained because of the forensic procedure concerned is likely
to be lost or destroyed if there is delay in carrying out the
(c) the magistrate is satisfied that there is sufficient evidence to
indicate that a magistrate is reasonably likely to be satisfied of
the existence of the matters mentioned in section 34 (1) (Matters
to be considered by magistrate before ordering forensic
procedure) when the application is finally decided.
(2) An interim order operates as provided by this division until a
magistrate, at a hearing held as mentioned in section 44 (2) (Action
to be taken on making of interim orders), confirms the interim order
or disallows it.
(3) Division 2.5.2 applies to the making of an order confirming the
interim order in the same way as it applies to the making of an order
under section 33 (Final order for carrying out of forensic procedure),
and an order confirming the interim order is taken to be an order under
section 33.