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In forceAmended2020 Revised Edition
Contents

Part 4 · Information to Police and Powers of Investigation

40E. Interpretation of this Division

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Amended

Last amended by an amending law of 2024.

In this Division —“accused person” means any person who has been concerned in an offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;“body sample” includes any of the following:

(a)

a sample of blood;

(b)

a sample of head hair, including the roots of the head hair;

(c)

a sample of a fingernail or toenail or any substance from under a fingernail or toenail;

(d)

a sample of urine;

(e)

a sample of saliva;

(f)

a sample taken from any body part of an individual by way of a swab or other sampling means;“forensic medical examination” or “FME”, in relation to any individual, means any one or more of the following:

(a)

a physical medical examination of the individual;

(b)

the taking of a body sample from the individual;

(c)

the taking of a photograph of any body part of the individual;

(d)

the taking of an impression or cast of a wound from any external body part of the individual;“forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division;“intimate part” means —

(a)

an individual’s genital or anal region; or

(b)

the breasts of a woman;“invasive sample” means any body sample that is obtained by means of any invasive procedure and includes a sample of blood;“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997;“nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999;“photograph” includes a digital image and a moving visual record.

“accused person” means any person who has been concerned in an offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;

“body sample” includes any of the following:

(a)

a sample of blood;

(b)

a sample of head hair, including the roots of the head hair;

(c)

a sample of a fingernail or toenail or any substance from under a fingernail or toenail;

(d)

a sample of urine;

(e)

a sample of saliva;

(f)

a sample taken from any body part of an individual by way of a swab or other sampling means;

“forensic medical examination” or “FME”, in relation to any individual, means any one or more of the following:

(a)

a physical medical examination of the individual;

(b)

the taking of a body sample from the individual;

(c)

the taking of a photograph of any body part of the individual;

(d)

the taking of an impression or cast of a wound from any external body part of the individual;

“forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division;

“intimate part” means —

(a)

an individual’s genital or anal region; or

(b)

the breasts of a woman;

“invasive sample” means any body sample that is obtained by means of any invasive procedure and includes a sample of blood;

“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997;

“nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999;

“photograph” includes a digital image and a moving visual record.

Report

Part 5

Prevention of Offences

Part 6

Arrest and Bail and Processes to Compel Appearance

Part 7

The Charge

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules