ACTIn ForceAct
Crimes (Forensic Procedures) Act 2000
89Obstructing etc the carrying out of forensic procedure
Start here
Get a plain-English read of 89
Turn the raw legal text into a practical explanation grounded in Crimes (Forensic Procedures) Act 2000.
89 Obstructing etc the carrying out of forensic procedure
(1) This section applies if a police officer or magistrate has ordered the
carrying out of a forensic procedure on a suspect under this Act.
(2) Evidence that the suspect—
(a) refused to comply with any reasonable direction in connection
with the carrying out of the forensic procedure; or
(b) obstructed, resisted, hindered, used violence against, threatened
or intimidated a person in connection with the carrying out of
the forensic procedure;
is admissible in a proceeding against the suspect in a court in relation
to the offence in relation to which the forensic procedure was carried
out.
(3) Evidence mentioned in subsection (2) is admissible only if it is
established that the suspect had been informed by a police officer, or
otherwise knew, that the fact of refusing to comply with the direction,
or obstructing, resisting, hindering, using violence against,
threatening or intimidating the person, in connection with the
carrying out of the forensic procedure might be used in evidence
against the suspect.
Other evidence Division 2.9.2
(4) The court or jury may draw the inferences from the evidence
mentioned in subsection (2) that appear to the court or jury to be
proper in the circumstances, having regard to any evidence given by
or on behalf of the suspect.