Crimes (Forensic Procedures) Act 2000, ss 30, 32, 33, 115A — interim forensic procedure order imposed on child — magistrate erred by finding interim order could not be made without representation and a hearing — only final forensic procedure orders require hearing and representation.

Appeal — murder — offender just turned 16 and murder victim aged 15 at time of offence — Crown case included expert blood spatter analysis evidence — expert performed further experiments based on defence case during trial — Crown advised of experiments and how expert would respond if cross-examined on defence case — no report provided — alleged denial of procedural fairness — fresh evidence adduced on appeal — established material error in expert’s evidence at trial — whether there was substantial miscarriage of justice — aside from blood spatter evidence Crown case at trial pointed to guilt beyond reasonable doubt — further evidence available on appeal strengthened Crown case — operation of proviso — appeal dismissed.

Crimes (Forensic Procedures) Act 2000 — application for authorisation to carry out forensic procedures on the young person — the applicant must prove the young person was a “suspect” — grounds upon which the person is suspected and the reasonableness of those grounds — on the balance of probabilities the young person was not a “suspect” within the meaning of the Crimes (Forensic Procedures) Act.

Suspected offence of aggravated break and enter — appeal against order authorising the taking of a buccal swab — evidence — common ground that the magistrate decided incorrectly that theEvidence Act 1995 (NSW) did not apply to the application for a buccal swab — Evidence Act must be read together with Crimes (Forensic Procedures) Act 2000 along with any other applicable Act — meaning of reasonable grounds for forming a suspicion or belief.