CRIMINAL PROCEDURE AND EVIDENCE ACT “accused” or “accused person” means a person who has been arrested for or charged with an offence; [Definition inserted by s. 2 of Act No. 2 of 2016] “authorised person”, for the purposes of taking an intimate sample or buccal sample pursuant to section 41(3) or 41B, means a health practitioner, medical officer or other person who has successfully undergone the relevant training to enable him or her to take a bodily sample; [Definition inserted by s. 2 of Act No. 2 of 2016] “bodily sample” means an intimate or buccal sample taken from a person; [Definition inserted by s. 2 of Act No. 2 of 2016] “buccal sample” means a sample of cellular material taken from the inside of a person’s mouth for the purposes of conducting a forensic DNA analysis of that sample; [Definition inserted by s. 2 of Act No. 2 of 2016] “company” means a company incorporated or registered under any enactment generally governing companies or under any special enactment or under letters patent or Royal Charter; “compelling reasons”, for the purposes of— (a) sections 39B(2)(b), 258A(1)(e) and 385A(3), means any reason related to— (i) safeguarding the enjoyment of rights and not prejudicing the rights and freedoms of other persons that might be put in immediate jeopardy; or (ii) safeguarding the interests of defence, public safety, public order, public health, regional or town planning or the general public interest, that might be put in immediate jeopardy; (b) Part IX (“Bail”), shall be construed in accordance with section 115C; [Definition inserted by s. 2 of Act No. 2 of 2016] “court” or “the court”, in relation to any matter dealt with under a particular provision of this Act, means the judicial authority which under this Act or any other enactment has jurisdiction in respect of that matter; “day” or “day-time”, when used in contra-distinction to “night” or “night-time”, means the space of time between sunrise and sunset; “DNA” means deoxyribonucleic acid; [Definition inserted by s. 2 of Act No. 2 of 2016] “forensic DNA analysis”, in relation to an intimate or buccal sample, means the identification in that sample of genetic sequences commonly called “markers” that are highly variable and particular to each person; [Definition inserted by s. 2 of Act No. 2 of 2016] “health practitioner” means any person in respect of whose profession or calling a register is kept in terms of the Health Professions Act [Chapter 27:19]; [Definition inserted by s. 2 of Act No. 2 of 2016] “judge” means a judge of the High Court; “justice” means a justice of the peace appointed or exercising functions as such under any enactment; “legal representative” means— (a) in relation to a person who is represented by a legal practitioner, that legal practitioner; (b) in relation to an accused person under the age of sixteen who is assisted by his natural or legal guardian, that guardian; (c) in relation to an accused person whom a court has in terms of section one hundred and ninety-one permitted to be assisted by another person, that other person; “medical officer” means a— (a) medical practitioner; or (b) State Registered Nurse; employed wholly or mainly or on a part-time basis by the Police Service, the Prisons and Correctional Service or other organ of State, or a local authority; [Definition inserted by s. 2 of Act No. 2 of 2016] 12

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