2016
No.2
(2) If a person docs 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 ahO\'c 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 an~
one or more persons in a group of persons so named, has
committed an offence; or
(h)
for believingthatthe bodily sample and the resulting forensic
DNA analysis thereof will he of value in the investigation
of an oll'ence by excluding or including one or more named
persons as IX)Ssihle perpetrators of the otlence.
(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
(h)
with strict regard for decency and decorum:
Provided that no intimate or buccal sample may be taken from
the person \\'ho has been arrested except(a)
in case of a buccal sample, by an authorised person at
the request and in the presence of the peat:e officer;
or
(b)
in the case of an intimate sample., in pri,·ate by(i) a medical officer at the written request of a police
officer of or abo,·e 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" hom 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 \vhich 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-
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