Cm~fl:-JAL PI~X'EDURE A:'ID EviDENCE AM E"-Tl~! E"l'I No.2 (ii) upholding the confidence of the public in the ability of the criminal justice system to protect members of the public from crime, especially grave, violent or prevalent crime. (2) In applying the test referred to in subsection ( 1) a court must bear in mind that, in generaL where the questioned evidence is obtained by a contravention of Chapter 4 of the Constitution that is(a) inadvertent or triviaL the considerations referred to m subsection ( 1)(b) shall ovenide the ones referred to 111 subsection (l)(a); (b) not inadvertent or not trivial or both, only compelling reasons will justify the considerations refc rrcd to ins ubsect ion ( l )(b) overriding the ones referred to in subsection (l)(a), ''here the State has shown that those compelling reasons arc the motive for that contravention. (3) Evidence that is obtained ina manner that violatesanyprovision of Chapter 4 of the Constitution, hut which is admitted by a court after taking into account the considerations referred to in subsections ( 1) and (2), shall not be regarded as rendering the trial unfair or otherwise as being detrimental to the administration of justice or the public interest. (4) For the avoidance of douht, the fact that a cou11 has admitted illegally obtained evidence in accordance with this section does not prejudice the right of an accused person to pursue a civil remedy for any breach of the law in consequence of which the evidence was obtained.". 40 New section inserted in Cap. 9:07 The principal Act is amended hy the insettion after section 263 of the following section"264 Evidence of bodily appearance, health or prints of accused ( 1) Whenever it is relevant in criminal proceedings to ascettain whether any finger-print, palm-print or foot-print of an accused person correspond'S to any other finger-print, palm-print or foot-print, or to ascertain the state of health of an accused person or whether the body of an accused person has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance- (a) (h) the court may order that all necessary steps be taken to ascertain those matters, including arrangements for(i) the taking of the accused person's finger-prints, palmprints or foot-prints; and (ii) the taking of a blood, saliva or tissue sample from the accused person; and (iii) the examination of the accused person; evidence of the finger-prints, palm-prints or foot-prints of the accused person or that the body of the accused person has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance, including evidence of the result of the testing of any blood, saliva or tissue sample taken from the accused person, shall be admissible in those criminal proceedings. 56 2016