Crimes Act. Australia
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Название: Crimes Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086412

isbn:

СКАЧАТЬ a seizable item; or

      (ii) evidential material (other than forensic material as defined in Part ID) in relation to that or another offence; and

      (b) the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and

      (c) a constable of the rank of superintendent or higher has approved the conduct of the search.

      (2A) If:

      (a) in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested or any other offence; and

      (b) Part ID provides for the carrying out of such a forensic procedure;

      the forensic procedure must not be carried out except in accordance with Part ID.

      (2B) The conducting of a strip search may include taking photographs of evidential material found on the person, whether or not taking photographs is a forensic procedure provided for by Part ID.

      (3) Subject to section 3ZI, a strip search may also be conducted if the person consents in writing.

      (3A) Subsection (3) does not authorise the conduct of a strip search for the purpose of obtaining forensic material as defined in Part ID. Such a search must not be conducted except in accordance with Part ID.

      (4) Subject to section 3ZI, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.

      (5) The approval may be obtained by telephone, telex, facsimile or other electronic means.

      (6) A constable who gives or refuses to give an approval for the purposes of paragraph (2)(c) must make a record of the decision and of the reasons for the decision.

      (7) Such force as is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).

      (8) Any item of a kind referred to in paragraph (2)(a) that is found during a strip search may be seized.

      3ZI Rules for conduct of strip search

      (1) A strip search:

      (a) must be conducted in a private area; and

      (b) must be conducted by a constable who is of the same sex as the person being searched; and

      (c) subject to subsections (3) and (4), must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and

      (d) must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and

      (e) must not be conducted on a person who is under 10; and

      (f) if the person being searched is at least 10 but under 18, or is incapable of managing his or her affairs:

      (i) may only be conducted if the person has been arrested and charged or if a magistrate orders that it be conducted; and

      (ii) must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person; and

      (g) must not involve a search of a person’s body cavities; and

      (h) must not involve the removal of more garments than the constable conducting the search believes on reasonable grounds to be necessary to determine whether the person has in his or her possession the item searched for or to establish the person’s involvement in the offence; and

      (i) must not involve more visual inspection than the constable believes on reasonable grounds to be necessary to establish the person’s involvement in the offence.

      (2) In deciding whether to make an order referred to in paragraph (1)(f), the magistrate must have regard to:

      (a) the seriousness of the offence; and

      (b) the age or any disability of the person; and

      (c) such other matters as the magistrate thinks fit.

      (3) A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if a medical practitioner of the same sex as the person being searched is not available within a reasonable time.

      (4) Paragraph (1)(c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.

      (5) If any of a person’s garments are seized as a result of a strip search, the person must be provided with adequate clothing.

      3ZJ Taking fingerprints, recordings, samples of handwriting or photographs

      (1) In this section and in sections 3ZK and 3ZL:

      identification material, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V.

      (2) A constable must not:

      (a) take identification material from a person who is in lawful custody in respect of an offence except in accordance with this section; or

      (b) require any other person to submit to the taking of identification material, but nothing in this paragraph prevents such a person consenting to the taking of identification material.

      (3) If a person is in lawful custody in respect of an offence, a constable who is of the rank of sergeant or higher or who is for the time being in charge of a police station may take identification material from the person, or cause identification material from the person to be taken, if:

      (a) the person consents in writing; or

      (b) the constable believes on reasonable grounds that it is necessary to do so to:

      (i) establish who the person is; or

      (ii) identify the person as the person who committed the offence; or

      (iii) provide evidence of, or relating to, the offence; or

      (ba) both of the following apply:

      (i) the identification material taken, or caused to be taken, is fingerprints or photographs (including video recordings) of the person;

      (ii) the offence is punishable by imprisonment for a period of 12 months or more; or

      (c) the constable suspects on reasonable grounds that the person has committed another offence and the identification material is to be taken for the purpose of identifying the person as the person who committed the СКАЧАТЬ