CRIMINAL PROCEDURE AND EVIDENCE ACT (b) for believing that the bodily sample and the resulting forensic DNA analysis thereof will be of value in the investigation of an offence by excluding or including one or more persons as possible perpetrators of the offence. (2) If a person does not consent to the taking of a bodily sample, a warrant may be issued by a judge or magistrate upon written request by a police officer who is of or above the rank of inspector, if it appears from written information given by the police officer under oath that there are reasonable grounds— (a) to suspect that the person named in the information, or any one or more persons in a group of persons so named, has committed an offence; or (b) for believing that the bodily sample and the resulting forensic DNA analysis thereof will be of value in the investigation of an offence by excluding or including one or more named persons as possible perpetrators of the offence. (3) A bodily sample must be taken— (a) by an authorised person or by a person under the supervision and in the presence of the authorised person; and (b) with strict regard for decency and decorum: Provided that no intimate or buccal sample may be taken from the person who has been arrested except— (a) in case of a buccal sample, by an authorised person at the request and in the presence of the peace officer; or (b) in the case of an intimate sample, in private by— (i) a medical officer at the written request of a police officer of or above the rank of superintendent; or (ii) the medical officer of any prison at which the arrested person is detained; or (iii) by an authorised person of the same sex as the person from whom the intimate sample is to be taken; in order to ascertain some fact which is material to the investigation of the charge upon which such person has been arrested. (4) If in any criminal proceedings the results of a forensic DNA analysis of a bodily sample are embodied in an affidavit sworn to by an authorised person in which that person deposes to the following facts— (a) that he or she is an authorised person who is qualified to undertake forensic DNA analysis of bodily samples; and (b) that the bodily sample was obtained by that person or by another named authorised person under the supervision of the first-named person under conditions which safeguard as much as is reasonably possible against the possibility of the contamination of that sample; such affidavit shall, upon its mere production, be admissible as prima facie proof of the facts deposed therein. (5) Any bodily sample taken from a person and the records of any steps taken under this section shall, in the case of— (a) an accused person, be destroyed if he or she has been found not guilty at his or her trial, or his or her conviction is set aside by a superior court, or the charge against him or her is withdrawn, unless the person consents in writing to the preservation of the bodily sample; (b) a person other than an accused person, be retained until the criminal proceedings to which they are relevant have been finally concluded, whereupon they shall be destroyed, unless the person consents in writing to the preservation of the bodily sample. (6) A person referred to in subsection (5)(a) or (b) shall have the right to receive written notification from the custodian of his or her bodily sample of the destruction thereof in accordance with that subsection. [Section inserted by section 13 of Act No. 2 of 2016] 29