Safeguards after giving sample

Current

(1)

For section 464ZGE(2)(b) of the Crimes Act 1958 substitute—

"(b) a court has made an order under section 464ZGF for the retention of that sample and any related material and information, and—

(i)

the person has been given a youth warning or youth caution within the meaning of the Youth Justice Act 2024 in respect of an indictable offence; or

(ii)

the person has been referred to an early diversion group conference within the meaning of the Youth Justice Act 2024 in respect of an indictable offence and—

(A)

in the case of a person referred by a police officer, an early diversion outcome plan within the meaning of that Act has been finalised for the person; or

(B)

in the case of a person referred by the Children's Court, the person has been discharged without any finding of guilt; or

(iii)

the person has not been charged with an indictable offence at the end of the period of 12 months after the order of the court; or

(iv)

the person has been so charged but the charge is not proceeded with, or the person is not found guilty of the indictable offence or any other indictable offence for which the sample and any related material and information had probative value, whether on appeal or otherwise, before the end of that period—".

(2)

In section 464ZGE(3) of the Crimes Act 1958—

(a)

after paragraph (a) insert—

"(ab) in a case to which subsection (2)(b)(i) applies, within one month after the giving of that youth warning or youth caution; or

(ac)

in a case to which subsection (2)(b)(ii)(A) applies, within one month after the Chief Commissioner of Police has been notified of the finalisation of that early diversion outcome plan; or

(ad)

in a case to which subsection (2)(b)(ii)(B) applies, within one month after the Chief Commissioner of Police has been notified that the person has been discharged without any finding of guilt; or";

(b)

in paragraph (b), for "subsection (2)(b)(i)" substitute "subsection (2)(b)(iii)";

(c)

in paragraph (c), for "subsection (2)(b)(ii)" substitute "subsection (2)(b)(iv)".

(3)

After section 464ZGE(6) of the Crimes Act 1958 insert—

"(6A) To avoid doubt, the period referred to in subsection (3)(ab), (ac) or (ad) cannot be extended and subsection (6) does not apply in respect of that period.".

This Act’s bill:Explanatory memorandum Second reading speech

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1034 Safeguards after giving sample