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Offenders procedures

The following information is included for completeness. An offenders procedure is a simple identity procedure [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 20; and Simple identity procedure]. Anyone convicted of a serious offence can be required to provide a DNA sample for the database system [see Definition of a serious offence]. An offenders procedure can be carried out on persons:

  • who are serving a term of imprisonment, detention or home detention in relation to an offence [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 20(2)(a)]; or

  • who are detained under part 8A Criminal Law Consolidation Act in relation to an offence [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 20(2)(b); or

  • who have been convicted of a serious offence [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 20(2)(c)]; or

  • who have been declared liable for supervision under part 8A Criminal Law Consolidation Act in relation to a serious offence [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 20(2)(d)]; or

  • is a registerable offender under the Child Sex Offenders Registration Act 2006 (SA).

Offenders procedures are retrospective and can be carried out on any person regardless of whether the offence was committed before, on or after the commencement of the relevant section of the Criminal Law (Forensic Procedures) Act 2007 (SA) [see s 20(3)].

Directions to persons not in custody

A police officer may issue directions to a person who is not in custody to undertake a suspects or offenders procedure [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 29(1)].

Failure to comply with these directions may result in a warrant being issued by a Magistrate for that person’s arrest [see Criminal Law (Forensic Procedures) Act 2007 (SA) ss 29(2), 29(3) and 29(4)].

Offenders procedures  :  Last Revised: Fri Jan 20th 2017