Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

150 Police Powers and Responsibilities Act 2000 (Qld) Schedule 4. Note that police officers in New South Wales may search by way of
medical imaging a person who is suspected of having internally concealed drugs: Police Powers (Internally Concealed Drugs) Act
2001 (NSW). A review by the Ombudsman found that this legislation is unworkable and has recommended it be repealed: see NSW
Ombudsman, Review of the Police Powers (Internally Concealed Drugs) Act 2001, July 2005.
151 Police Powers and Responsibilities Act 2000 (Qld) s 277 and 279.
152 Police Powers and Responsibilities Act 2000 (Qld) s 318I.
153 See Police Powers and Responsibilities Act 2000 (Qld) s 318L(2) and Police Powers and Responsibilities Regulation 2000 cl 8L and
Schedule 1.
154 Police Administration Act (NT) s 4.
155 Police Administration Act (NT) s 145B.
156 Police Administration Act (NT) s 145A.
157 Police Administration Act (NT) s 145.
158 Juvenile Justice Act (NT) s 31 and 31B.
159 Police Administration Act (NT) s 145A(4).
160 Police Administration Act (NT) s 4. As noted above, police officers in New South Wales may search by way of medical imaging a person
who is suspected of having internally concealed drugs.
161 Police Administration Act (NT) s 147.
162 Police Administration Act (NT) s 147C(2).
163 Police Administration Act (NT) s 147A.
164 Police Administration Act (NT) s 147C(1).
165 See Police Administration Amendment (Forensic Procedures) Act (NT).
166 Northern Territory Legislative Assembly Hansard, 19 August 2004, Mr Henderson, Minister for Police, Fire and Emergency Services,
Parliamentary Record No. 21.
167 “DNA fails to catch crims”, Northern Territory News, 19 April 2004.
168 Forensic Procedures Act 2000 (Tas) s 3. As noted above, police officers in NSW may search by way of medical imaging a person who is
suspected of having internally concealed drugs.
169 Forensic Procedures Act 2000 (Tas) s 9.
170 Forensic Procedures Act 2000 (Tas) s 12.
171 Forensic Procedures Act 2000 (Tas) s 8(3).
172 Forensic Procedures Act 2000 (Tas) s 8.
173 Forensic Procedures Act 2000 (Tas) s 17.
174 See Forensic Procedures Amendment Act 2003 (Tas).
175 Laws in the United States, United Kingdom, Canada and New Zealand have been amended in recent years to expand the types of
offences for which DNA samples can be taken.
176 United Kingdom Forensic Science Service, The National DNA Database Annual Report 2003-2004, p. 23.
177 United Kingdom Forensic Science Service press releases, “DNA technology to progress more cold cases”, 8 December 2004 and
“Double the number of DNA profiles processed with automation”, 3 November 2004 and fact sheet, “The National DNA Database”,
November 2005.
178 Police and Criminal Evidence Act 1984 (UK) s 63(2A) as amended by the Criminal Justice Act 2003 (UK).
179 Explanatory notes to the Criminal Justice Act 2003 (UK) at paragraph 136. Formerly, a DNA sample could only be taken in the absence of
consent if the person was suspected of having committed a serious offence, and the sample was likely to prove or disprove the person’s
involvement.
180 Police and Criminal Evidence Act 1984 (UK) s 63.
181 The Home Office, “DNA – 21st century crime fighting tool” (2003), p. 5.
182 Forensic Science Service fact sheet, “DNA Profiling”, 30 November 2002.
183 United Kingdom Forensic Science Service, The National DNA Database Annual Report 2003-2004, p. 30.
184 Police and Criminal Evidence Act 1984 (UK) s 63A (1).
185 Police and Criminal Evidence Act 1984 (UK) s 63(8B) and 65.
186 Forensic Science Service press release, “Double the number of DNA profiles processed with automation”, 3 November 2004.
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000