Forensic Procedures Act 2000

This section applies where forensic material has been taken from a suspect or charged person by a forensic procedure carried out under Part 2 and the only use for it or information obtained from its analysis is the identification of that suspect or charged person in relation to an offence.

If – forensic material has been taken from a suspect or charged person; and a period of 12 months has elapsed since the forensic material was taken; and in the case of – a suspect or charged person who was not in custody at the time the forensic material was taken, proceedings in respect of all offences for which the forensic material was obtained have not been instituted or have been discontinued; or a charged person who was in custody at the time the forensic material was taken, proceedings in respect of any offence have not been instituted or all proceedings instituted in respect of offences have been discontinued – the forensic material, and any information obtained from an analysis of the forensic material, must be destroyed as soon as practicable unless a warrant for the apprehension of the suspect or charged person has been issued.

If a warrant for the apprehension of the suspect or charged person is issued during the period of 12 months after the forensic material was taken, the forensic material, and any information obtained from an analysis of the forensic material, must be destroyed as soon as practicable after – the warrant lapses; or if no proceedings in relation to any offence have been commenced in respect of the suspect or charged person, the end of a period of 12 months after the suspect or charged person is apprehended.

If forensic material has been taken from a person who was a suspect or charged person and – in the case of a person who was not in custody at the time the forensic material was taken, the person is acquitted of all offences to which the forensic material relates; and in the case of a person who was in custody at the time the forensic material was taken, the person is acquitted of all offences in respect of which proceedings have been instituted; and either – no appeal is lodged against the acquittal; or an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn – the forensic material, and any information obtained from an analysis of the forensic material, must be destroyed as soon as practicable unless an investigation into, or a proceeding against the suspect or charged person for, another offence to which the forensic material relates is pending or in progress.

On the application of a police officer or the Director of Public Prosecutions, a magistrate may extend for a period not exceeding 12 months the period for which forensic material and any information obtained from an analysis of the material may be retained under this section if the magistrate is satisfied that there are special reasons for doing so.

A magistrate must not make an extension under subsection (5) unless – the person from whom the forensic material was taken and the parent of any such person who is under the age of 15 years have been notified by the applicant for the extension that the application has been made; and the person, that parent and the legal representative of the person and that parent have been given an opportunity to speak to or make a submission to the magistrate concerning the extension.

An extension under subsection (5) in relation to particular forensic material and any information obtained from an analysis of that material may be given on more than one occasion.

The person who applied for an extension under subsection (5) must ensure that the responsible person in relation to the DNA database system is notified of any such extension given.