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Crimes (Forensic Procedures) Act 2000
55Person may get help to carry out forensic procedure
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55 Person may get help to carry out forensic procedure
(1) An order by a police officer or magistrate authorising the carrying out
of a forensic procedure authorises the person who is to carry out the
procedure in accordance with section 53 (People who may carry out
forensic procedures) to ask someone else to help him or her to carry
out the procedure, and authorises the other person to give that help.
(2) A person who is asked to help carry out a forensic procedure need not
be a person mentioned in section 53.
(3) A person who is asked to help carry out a forensic procedure may use
reasonable force to enable the forensic procedure to be carried out.
Division 2.6.3 Presence of other people while forensic procedure is carried out
Division 2.6.3 Presence of other people while
forensic procedure is carried out
56 Doctor or dentist of person’s choice may be present for
most forensic procedures
(1) A suspect or volunteer is entitled to request a doctor of the person’s
choice to be present while an intimate forensic procedure (other than
the taking of a dental impression) is carried out or a sample of saliva
or sample by buccal swab is taken.
(2) A suspect or volunteer is entitled to request a dentist of the person’s
choice to be present while a dental impression, sample of saliva or
sample by buccal swab is taken.
(3) If a sample of blood is to be taken from a serious offender, the
offender is entitled to request that—
(a) if the serious offender is serving a sentence of imprisonment at
a correctional centre or other place—a corrections health
practitioner for the centre, or health practitioner (however
described) for the place, be present while the sample is taken; or
(b) if the serious offender is not serving a sentence of
imprisonment—a doctor of the serious offender’s choice be
present while the sample is taken.
(4) If a sample by buccal swab is to be taken from a serious offender, the
offender is entitled to request that—
(a) if the serious offender is serving a sentence of imprisonment at
a correctional centre or other place—a corrections health
practitioner for the centre, or health practitioner (however
described) for the place, be present while the sample is taken; or
Presence of other people while forensic procedure is carried out Division 2.6.3
(b) if the serious offender is not serving a sentence of
imprisonment—a doctor or dentist of the serious offender’s
choice be present while the sample is taken.
Note Section 103 provides that the request may be made by the relevant
person’s lawyer or interview friend.
(5) The doctor or dentist chosen must be present at the carrying out of the
forensic procedure unless he or she—
(a) cannot, or does not wish to, attend; or
(b) cannot be contacted;
within a reasonable time or, if relevant, within the time in which the
person responsible for the carrying out of the forensic procedure
considers the forensic procedure should be carried out if it is to be
effective in providing evidence of the offence concerned.