This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Forensic sample offences

Information about which offences that could result in a forensic sample being taken.

If a person is found guilty or convicted of a 'forensic sample offence' a police officer can apply to court for an order directing that person to undergo a forensic procedure that involves taking a sample from any part of the body.

The order will include a direction that the person attend a specified place. It will also specify the type of sample required.

Note: Any person who has been convicted of: giving assistance, conspiring, inciting or attempting to any of these listed offences can also be compelled to provide a forensic sample by a court order.

See s. 464ZF(4)—Crimes Act 1958 (Vic)(opens in a new window).

What is a forensic sample offence?

A forensic sample offence is any indictable offence or an offence specified in Schedule 8 of the Crimes Act 1958.

See s. 464ZF(1) and Schedule 8(opens in a new window)Crimes Act 1958 (Vic)(opens in a new window).

Indictable offences

Indictable offences are serious offences that can be heard in County or Supreme Court in presence of a Judge and Jury rather than a Magistrates Court. All offences in the Crimes Act 1958 are indictable offences. Other offences are indictable if this is stated in the Act that creates the offence.

Time limit on court applications

Police can apply to court any time up to 6 months after:

  • the final determination of an appeal or
  • the end of the expiration of the appeal period

whichever is the later.

See s. 464ZF(2)—Crimes Act 1958 (Vic)(opens in a new window).

List of offences

This long list includes offences that have now been repealed as people who have been convicted under provisions that are no longer in force can still be compelled to provide forensic samples.

Note: This list should only be used as a quick reference.

For complete list of offences see Crimes Act 1958 (Vic)—Schedule 8—Forensic sample offences(opens in a new window).

Offences against person

These include:

  • murder
  • manslaughter
  • conspiracy and incitement to murder
  • intentionally cause:
    • serious injury (whether recklessly or intentionally)
    • very serious disease
    • bodily injury
    • grievous bodily harm (or shooting)—whether intention is to cause harm or to resist arrest
    • attempting to choke to commit an indictable offence
    • child stealing or kidnapping (whether common law or as defined in s. 63 Crimes Act 1958
    • false imprisonment (at common law)

Sexual offences

These include:

  • rape (includes attempted rape, assault with intent to commit rape, rape with mitigating circumstances)
  • indecent assault, including where combined with:
    • serious personal violence
    • an act likely to seriously and substantially degrade or humiliate
    • situation where person was aided and abetted by another, or
    • victim is under 16.
  • assault with intent to rape
  • compelling sexual penetration
  • incest—not consenting adults
  • sexual penetration or persistent sexual abuse—child under 16 (or under 18 if person in position of supervision, care or authority)
  • facilitating sexual offences against child
  • sexual offences against:
    • people with cognitive impairment
  • administration of drugs to commit sexual offence
  • abduction or detention
  • procuring sexual penetration by threats or fraud
  • burglary/aggravated burglary—where offender entered building as trespasser with intent to sexually or indecently assault
  • sexual penetration, or
    • attempted penetration
    • gross indecency of child under 16
  • assault with intent to participate in penetration of child
  • procuring persons by threats
  • abduction or detention for sexual penetration
  • gross indecency or unlawfully and carnally knowing and abusing a girl under 16 (or attempting to)
  • carnal knowledge
  • indecent assault or felonious indecent assault
  • child pornography/child abuse materials offences
  • procuring defilement of woman by threats or fraud
  • abduction/ unlawful detention of girl with intent to have carnal knowledge
  • forcible abduction of woman
  • interference with a corpse
  • buggery.

Property offences

Property offences include:

  • robbery—including:
    • armed robbery
    • assault with intent to rob
    • robbery with wounding
    • robbery under arms or company
    • at common law
  • burglary—including:
    • aggravated burglary
    • burglary with wounding
    • burglary by breaking out
    • at common law
  • larceny from person (includes with menace or in the house)
  • entering house late at night with intent to commit a felony
  • breaking into a building within curtilage (small courtyard OED)
  • house—breaking with intent
  • arson (include common law)
  • causing bushfire (intentionally or recklessly)
  • sabotage (include threat)
  • setting fire to:
    • a church
    • house with person inside
    • railway buildings
    • public buildings
    • goods inside buildings
  • contamination of goods
  • explosive substance offences
  • bomb hoaxes
  • Giving assistance to person who has been charged with any offences under Schedule 8.

Drug offences

Drug offences include:

  • trafficking:
    • commercial quantity of drugs
    • drug to child
    • drug of dependence
    • cultivation of commercial quantity of narcotic plant.

What is a relevant offence?

A relevant offence means:

  • the offence person was suspected of that gave rise to forensic procedure being conducted
  • any other offence that arose out of same circumstances
  • any other offence where evidence obtained from forensic procedure had probative value.

Note: If evidence is deemed admissible for an offence it will also be admissible for any relevant offence.

See s. 464ZG(1)—Crimes Act 1958 (Vic)(opens in a new window).

More information

Legislation

Crimes Act 1958 (Vic)

See Crimes Act 1958 (Vic)(opens in a new window).

Updated