Crimes Amendment (Forensic Procedures) Bill 2010
table of provisions
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1Purposes
2Commencement
3Definitions
4Forensic procedure on adult
5Senior police officer may authorise certain compulsory procedures
6Court may order compulsory procedure
7Forensic procedure on child
8Interim orders
9Procedure for taking samples etc.
10Analysis of material found at scene of offence etc.
11Forensic sample offences
12Forensic procedure following finding of not guilty because of mental impairment
13Report to Attorney-General
14Destruction of identifying information
15Application where volunteer withdraws consent to retention of sample
16New sections 464ZHA and 464ZHB inserted
464ZHAInspection of records by Special Investigations
Monitor
464ZHBSpecial Investigations Monitor to report to
Parliament
17New section 617 inserted
617Transitional provision—Crimes Amendment
(Forensic Procedures) Act 2010
18Repeal of amending Act
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Endnotes
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010
ClausePage
Introduced in the Assembly
Crimes Amendment (Forensic Procedures) Bill 2010
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010
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A Bill for an Act to amend the Crimes Act 1958 in relation to forensic procedures and for other purposes.
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010
ClausePage
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010
Crimes Amendment (Forensic Procedures) Bill 2010
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010
Crimes Amendment (Forensic Procedures) Bill 2010
The Parliament of Victoriaenacts:
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010
Crimes Amendment (Forensic Procedures) Bill 2010
1Purposes
The purposes of this Act are—
(a)to permit police to obtain a DNA sample in relation to all indictable offences;
(b)to amend the procedures for obtaining and retaining DNA samples;
(c)to provide for the oversight by the Special Investigations Monitor of the operation of those provisions in the Crimes Act 1958 relating to forensic procedures.
2Commencement
s. 2
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 April 2011, it comes into operation on that day.
3Definitions
See:
Act No.
6231.
Reprint No. 22
as at
17 March 2010
and amending
Act Nos
16/2004, 9/2008, 87/2009, 13/2010, 49/2010 and 53/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 464(2) of the Crimes Act 1958—
(a)in the definition of crime scene index, for "believed" (wherever occurring) substitute "suspected";
(b)for the definition of relevant suspectsubstitute—
"relevant suspect means a person of or above the age of 18 years who—
(a) is suspected of having committed an indictable offence; or
(b)has been charged with an indictable offence;";
(c)insert the following definition—
"Special Investigations Monitor means the Special Investigations Monitor appointed under the Major Crime (Special Investigations Monitor) Act 2004;".
4Forensic procedure on adult
In section 464R(1) of the Crimes Act 1958, for "believe" substitute "suspect".
5Senior police officer may authorise certain compulsory procedures
In section 464SA(2)(e) of the Crimes Act 1958, for "believe" substitute "suspect".
6Court may order compulsory procedure
s. 6
In section 464T of the Crimes Act 1958—
(a)in subsection (1)(d), for "believes" substitute "suspects";
(b)in subsection (3)—
(i)for "believe" (wherever occurring)substitute "suspect"; and
(ii)for "believed" (wherever occurring) substitute "suspected".
7Forensic procedure on child
In section 464U(7) of the Crimes Act 1958—
(a)for "believe" (wherever occurring) substitute "suspect"; and
(b)for "believed" (wherever occurring) substitute "suspected".
8Interim orders
In section 464V(2) and (4) of the Crimes Act 1958, for "believes" substitute "suspects".
9Procedure for taking samples etc.
In section 464Z(7A)(a) of the Crimes Act 1958, for "believes" substitute "suspects".
10Analysis of material found at scene of offence etc.
In section 464ZC of the Crimes Act 1958, for "believed" (wherever occurring) substitute "suspected".
11Forensic sample offences
(1)Insert the following heading to section 464ZF of the Crimes Act 1958—
"Forensic procedure following finding of guilt of an indictable offence".
(2)In section 464ZF(1) of the Crimes Act 1958, for the definition of forensic sample offencesubstitute—
"forensic sample offence means an offence that immediately before the commencement of section 11(2) of the Crimes Amendment (Forensic Procedures) Act 2010 was specified in Schedule 8.".
(3) In section 464ZF(2) of the Crimes Act 1958, for the words and expressions commencing "If at any time" and ending at the end of paragraph (b) substitute "If a court finds a person guilty of an indictable offence,".
(4)In section 464ZF(6) of the Crimes Act 1958, for "forensic sample offence" (wherever occurring) substitute "indictable offence or forensic sample offence, as the case may be,".
s. 11
(5)In section 464ZF(6A) of the Crimes Act 1958—
(a)for "a forensic sample offence" substitute "an indictable offence";
(b)for "the forensic sample offence" substitute "the indictable offence".
(6) In section 464ZF(6B) of the Crimes Act 1958, for "forensic sample offence" (wherever occurring) substitute "indictable offence".
(7)In section 464ZF(7) of the Crimes Act 1958, for "forensic sample offence" substitute "indictable offence or forensic sample offence, as the case may be,".
(8) In section 464ZF(8)(a) of the Crimes Act 1958, for "forensic sample offence" substitute "indictable offence or forensic sample offence, as the case may be,".
12Forensic procedure following finding of not guilty because of mental impairment
s. 12
(1)In section 464ZFAAA(1) of the Crimes Act1958—
(a)in the definition of child, for "18 years;" substitute "18 years.";
(b)the definition of forensic sample offence is repealed.
(2) In section 464ZFAAA(2) of the Crimes Act 1958, for "finds a person not guilty because of mental impairment of—
(a)a forensic sample offence; or
(b)an offence of conspiracy to commit, incitement to commit or attempting to commit a forensic sample offence—"
substitute "finds a person not guilty because of mental impairment of an indictable offence (other than an offence heard and determined summarily),".
(3)In section 464ZFAAA(5)(a) of the Crimes Act1958, for "forensic sample offence" substitute "indictable offence".
(4)In section 464ZFAAA(13) and (14) of the Crimes Act 1958, for "a forensic sample offence" substitute "an indictable offence".
13Report to Attorney-General
At the end of section 464ZFE of the Crimes Act 1958 insert—
"(2)The Chief Commissioner of Police must give a copy of each report to the Special Investigations Monitor at the same time as it is submitted to the Attorney-General.".
14Destruction of identifying information
s. 14
After section 464ZG(5) of the Crimes Act 1958insert—
"(5A)An order under subsection (5) may extend the period referred to in subsection (4) by any specified length of time in relation to—
(a)a person on whom a forensic procedure was conducted but who has not been charged with a relevant offence at the end of the period of 12 months after the conduct of the procedure; or
(b)a person who has been so charged but the charge has not been proceeded with.".
15Application where volunteer withdraws consent to retention of sample
In section 464ZGF of the Crimes Act 1958—
(a)in subsection (1)(a)—
(i)for "believed" (wherever occurring) substitute "suspected"; and
(ii)for "believes" substitute "suspects"; and
(b)in subsection (1)(b), for "believes" substitute "suspects"; and
(c)in subsection (2)(a), for "believe" substitute "suspect".
16New sections 464ZHA and 464ZHB inserted
s. 16
After section 464ZH of the Crimes Act 1958 insert—
"464ZHA Inspection of records by Special Investigations Monitor
(1) In this section—
forensic information means information derived from analysis of forensic material and includes a DNA profile;
member of police personnel has the same meaning as in the Police Regulation Act 1958 and includes a person engaged by the Chief Commissioner of Police to provide services;
records includes—
(a)forensic material and any photograph taken during a forensic procedure; and
(b)forensic information.
(2)The Special Investigations Monitor must, from time to time, inspect any records of Victoria Police that he or she considers necessary in order to determine the extent of compliance with this Subdivision in relation to forensic procedures by Victoria Police and members of police personnel.
(3)For the purpose of an inspection under this section, the Special Investigations Monitor—
(a)after notifying the Chief Commissioner of Police, may enter at any reasonable time premises occupied by Victoria Police; and
(b)is entitled to have full and free access at all reasonable times to all records of Victoria Police that are relevant to the inspection; and
(c)may require a member of police personnel to give the Special Investigations Monitor any information that the Special Investigations Monitor considers necessary, being information that is in the member's possession, or to which the member has access, and that is relevant to the inspection.
(4)The Chief Commissioner of Police must ensure that members of police personnel give the Special Investigations Monitor any assistance that the Special Investigations Monitor reasonably requires to enable the Special Investigations Monitor to perform functions under this section.
s. 16
464ZHB Special Investigations Monitor to report to Parliament
(1)As soon as practicable after the end of each financial year and not later than the following 30 September, the Special Investigations Monitor must make a report to Parliament on—
(a)the reports given by the Chief Commissioner of Police under section 464ZFE during the preceding financial year; and
(b)the results of each inspection under section 464ZHA during the preceding financial year; and
(c)any recommended strategies to improve compliance with this Subdivision in relation to forensic procedures.
(2)The Special Investigations Monitor must—
(a)cause the report to be transmitted to each House of the Parliament as soon as practicable after 1 July each year; and
(b)give a copy of the report to the Minister at the same time as it is transmitted to each House.
(3)The Clerk of each House of the Parliament must cause the report to be laid before the House on the day on which it is received or on the next sitting day.".
17New section 617 inserted
s. 17
At the end of Part 7 of the Crimes Act 1958 insert—
"617 Transitional provision—Crimes Amendment (Forensic Procedures) Act 2010
(1)The definition of relevant suspect in section 464(2) as amended by section 3(b) of the Crimes Amendment (Forensic Procedures) Act 2010 applies to—
(a)an authorisation under section 464SA;
(b)an application under section 464T;
(c)an application under section 464W—
made on or after the commencement of section 3(b) of that Act, irrespective of when the offence is alleged to have been committed.
(2)An amendment of this Act made by section 4, 5, 6, 7, 8, 9, 10 or 15 of the Crimes Amendment (Forensic Procedures) Act 2010 applies on and from the commencement of that section, irrespective of when the offence is alleged to have been committed.
(3)Section 464ZF as amended by section 11 of the Crimes Amendment (Forensic Procedures) Act 2010 applies to a finding of guilt on or after the commencement of section 11 of that Act.
s. 17
(4)Section 464ZF as in force immediately before the commencement of section 11 of the Crimes Amendment (Forensic Procedures) Act 2010 continues to apply to an application under section 464ZF made on or after that commencement in relation to a finding of guilt before that commencement .
(5)Section 464ZFAAA as amended by section12 of the Crimes Amendment (Forensic Procedures) Act 2010 applies to a finding of not guilty because of mental impairment on or after the commencement of section 12 of that Act.
(6)Section 464ZFAAA as in force immediately before the commencement of section 12 of the Crimes Amendment (Forensic Procedures) Act 2010 continues to apply to an application under section 464ZFAAA made on or after that commencement in relation to a finding of not guilty because of mental impairment before that commencement .
(7) Section 464ZG as amended by section 14 of the Crimes Amendment (Forensic Procedures) Act 2010 applies to an application made on or after the commencement of section 14 of that Act, irrespective of when the forensic procedure was conducted.
(8)The first report to Parliament made by the Special Investigations Monitor in accordance with section 464ZHB must relate to the period commencing on the date of commencement of section 16 of the Crimes Amendment (Forensic Procedures) Act 2010 and ending on 30 June next following.".
18Repeal of amending Act
s. 18
This Act is repealed on 1 April 2012.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010
Crimes Amendment (Forensic Procedures) Bill 2010
Endnotes
Endnotes
By Authority. Government Printer for the State of Victoria.
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561525B.I-5/10/2010BILL LA INTRODUCTION 5/10/2010