2016
CR!MINiiLPIDCEDURB AND EVIDENCE AJ'vfENDM E\T
(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is withdrawn, unless the person consents in writing to the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 (S)(a) or (b) shall ha,·e the
right to recei,·e written notification from the custodian of his or her bodily
sample of the destruction thereof in accordance with that subsection.
41 C Records to be kept of arrested and detained persons
(I) The officer in charge of every police station or charge office
where persons are brought following their arrest, or where they arc
detained, shall ensure that a record is kept showing, in respect of every
such person(a)
the person's name and other identity particulars; and
(b)
the date and time on which the person \Vas brought to the
police station or charge ollice or was first detained there,
as the case may be; and
(c)
the otTence for which the person was arrested or detained;
and
(d)
where the person has been released, the date and time of
the release and the reasons for it; and
(e)
where the person has been transferred elsewhcre(i)
the place to which he or she was transferred; and
(ii)
the date and time of the transfer; and
(iii)
the reasons for the transfer.
(2) Every police officer at a police station or charge office where
records are required to be kept in terms of subsection (l) shall permit any
interested person, including a legal practitioner representing a person who
is believed to have been arrested or detained, to inspect the records at all
reasonable times.
(3) The officer in charge of a police station or charge office where
records are required to be kept in terms of subsection ( 1) shall ensure that
the records are kept there for at least three years.
41 D Search and examination of arrested person
(1) A person who arrests another person, under this Act or any
other enactment and whether with or without wanant, may search that
person, and shall place in safe custody all articles, other than necessary
wearing appareL found on him or her.
(2) A peace ofiicer may take or cause to be taken the 1inger-prints,
palm-prints, footprints and photographs of any person arrested upon any
charge, under this Act or any other enactment and whether with or without
v.-arrant, and the medical officer of any prison or any medical officer of
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