CR!M I :"ic\L ~OCEm RE A:\D EviDF!'>CE Al\l El\DM ENT
2016
and
(d)
to remain silent and to be informed of this right, and of the
consequences of exercising or not exercising tllis right, if there
is reason to believe that he or she may not be aware of it.
(8) The person for the time being in charge of the place where a
person is being detained following his or her arrest, under this Act or any
other enactment and vvhether with or \Vithoul warrant, shall ensure that the
conditions of detention are consistent with human dignity, including--
(a)
the afft1rding of a reasonable opportunity for the detained
person to engage in physical exercise; and
(b)
the right of the detained person to wear clothing of his or
her choice, unless(i)
the exercise of the right is likely to prejudice his or her
health or the reasonable requirements of discipline in
the place where he or she is detained; or
the clothing is required for the purposes of any
investigation or inquiry;
whereupon, in either case, he or she must be provided with
decent alternative clothing to wear;
(ii)
and
(c)
the pro,·ision, at State expense, of(i)
adequate accommodation; and
(ii)
adequate ablution facilities and other facilities for
maintaining personal hygiene; and
(iii)
adequate nutrition; and
(iv)
appropriate reading material; and
(v)
adequate medical treatment; and
(vi)
such other facilities as may be prescribed_
(9) A person who is being detained following his or her arrest,
nuder this Act or any other enactment and whether with or without warrant,
shall he entitled to challenge the lawfulness of the detention in person
before a comi, and the person for the time being in charge of the place
where he or she is being detained shall cause him or her to be informed
of this right promptly.
41 B
Bodily samples for investigation purposes
(1) An authorised person may take a bodily sample of a person
or gronp of persons, or supervise the taking of a bodily sample from any
person or group of persons, if the person or persons concerned consent
to such sample being taken at the verbal or '' ritten request of a peace
officer who is satisfied that there are reasonable grounds-
(a)
to suspect that the person, or any one or more persons in a
group of persons, has committed an offence; or
(b)
l(1r believing that the bodily sample and the resulting forensic
DNA analysis thereof will be of value in the investigation of
an olTence by excluding or including one or more persons
as possible perpetrators of the offence.
35
No.2