6
In forceTime limits for carrying out forensic procedures
Part 2Authority and time limits for forensic procedures on suspects: summary of rules
6 Time limits for carrying out forensic procedures
The following table sets out in general terms the time limits that apply to the carrying out of a forensic procedure on a suspect depending on the status of the suspect and the source of the authority to carry out the procedure.
Time limits for forensic procedures
| Suspect’s status | Procedure with suspect’s consent (Part 3) | Procedure by order of a senior police officer (Part 4) | Procedure by order of a Judge or an authorised officer (Part 5) |
| 1 Child or an incapable person, not under arrest | Not applicable | Not applicable | Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding “time out” (see section 40) |
| 2 Suspect, including person identifying as Aboriginal person or Torres Strait Islander (not a child or an incapable person), not under arrest | Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding “time out” (see section 16) | Not applicable | Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding “time out” (see section 40) |
| 3 Child or an incapable person, under arrest | Not applicable | Not applicable | Procedure must be carried out not later than 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” (see Division 4 of Part 5) |
| 4 Suspect, including person identifying as Aboriginal person or Torres Strait Islander (not a child or an incapable person), under arrest | Suspect may be detained in accordance with Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002, for 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” (see section 7 (3) and (4)) | Suspect may be detained in accordance with Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002, for 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” (see section 17 (3) and (4)) | Procedure must be carried out not later than 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” |
This Act’s bill:Explanatory memorandumSecond reading speech
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.