Document ID: chunk:federal_register_of_legislation:C2004C01233:clause:1_23xwp
Version: federal_register_of_legislation:C2004C01233
Segment Type: clause
Provision Reference: sch 1 cl 23XWP
Character Range: 32231–33705

23XWP  Carrying out forensic procedure following conviction

 (1) If:
 (a) an offender is in prison or another place of detention; and
 (b) a judge or magistrate orders the offender to permit a forensic procedure to be carried out under this Division;
the judge or magistrate may order that a constable and a Division 6 person be permitted to attend on the offender in the prison or place of detention to allow the forensic procedure to be carried out.

 (2) In subsection (1), Division 6 person means a person who, under Division 6 as applied by section 23XWE, may carry out the forensic procedure.

 (3) If a judge or magistrate orders an offender who is not in a prison or another place of detention to permit a forensic procedure to be carried out, the judge or magistrate may order the offender to attend at a police station (or other place specified by the judge or magistrate) within a period specified by the judge or magistrate to allow the forensic procedure to be carried out.

 (4) An offender ordered to permit the carrying out of a forensic procedure is guilty of an offence if the offender, without reasonable excuse, refuses or fails to permit the forensic procedure to be carried out.

Penalty: Imprisonment for 12 months.

Note: A defendant bears the evidential burden in relation to the exception of reasonable excuse—see subsection 13.3(3) of the Criminal Code.

Division 6B—Carrying out of forensic procedures on volunteers and certain other persons