No.2 (:RIM INALPOOCEDliRE AND EVIDENCE' AM ENDM JNr the\ Iinistry responsible for health or any peace officer may take a sample of the arrested person's blood, saliva or tissue or cause to be taken such other steps as he or she may think necessary in order to ascertain whether or not the body of the arrested person has any mark. characteristic or distinguishing feature or shows any condition or appearance: Provided that a bodily. saliva or tissue sample shall only he taken by a medical officer at the request iu writing of a police officer of or above the rank of superintendent, in order to ascertain some fact which is material to the investigation of the charge upon which the person has been arrested. (3) Any search of the body of an arrested person in tenus of this section shall be made-(a) by a medical officer; or (b) where it is not made hy a medical officer, b) any person who is of the same se'l: as the arrested person; and shall be conducted with strict regard to decency and decorum. (4) Any finger-prints, palm-prints. footprints, photographs or samples taken under this section, and the records of any steps taken under this section, shall be destroyed if the person concerned is found not guilty at his or her trial or if his or her conviction is set aside hy a superior court or if it is decided not to prosecute him or her or if the charge against him or her is withdrawn. (5) Section4113(6)applies, withsuchchangesas maybe necessary. to a person referred to in subsection (4).". 14 New section substituted for section 42 of Cap. 9:07 Section 4'2 of the principal Act is repealed and substituted hy"42 Resisting arrest (I) If any person who is authorised or required under tllis "\ct or any other enactment to arrest or assist in arresting another person, attempts to make the arrest and the person whose arrest is attempted resists the attempt, or flees, or resists the attempt and !lees, when it is clear that an attempt to arrest him or her is being made, and the person concerned cannot be arrested without the use of force, the person attempting the arrest may. in order to effect the arrest, tt5e such force as may be reasonably justifiable and propmtionate in the circumstances to O\'ercome the resistance or prevent the person concerned from ileeing: Provided that the person attempting the arrest is justified in terms of this section in using force against the person concerned only if the JKrson sought to be arrested was committing or had committed. or was suspected of having committed an offence referred to in the First Schedule, and the person attempting the arrest believes on reasonable grounds that(a) the force is immediately necessary for the purposes of protecting the person attempting the arrest, any person lawfully assisting the person attempting the arrest or any other person from imminent or future death or grievous bodily harm; or 38 2016