No.2
2016
practitioner, medical officer or other person '"ho has successfully
undergone the relcYant training to enable him or her to take a
bodily sample;
"bodily sample" means an intimate or buccal sample taken from a
person;
"buccal sample" means a sample of cellular material taken from the
inside of a person's mouth for the purposes of conducting a
forensic D:\ A analysis of that sample;
"compelling reasons", for the puqJoses of(a)
(h)
sections .19B(2)(b), 258A(2)(b) and 385A(3), means any
reason related to(i)
safeguarding the enjoyment of rights and not prejudicing
the rights 1md freedoms of other persons that might he
put in immediate jeopardy; or
(ii)
safeguarding the interests or defence' public safety, public
order, public health, rc!->ional or town planning or the
general public interest, that might be put in immediate
jeopardy;
Part IX ("Bail"), shall be construed in accordance with
section 115C;
"D:\A" means deoxyribonucleic acid;
"forensic D:\'/>, analysis", in relation to an intimate or buccal sample,
means the identification in that sample of genetic sequence.;;
commonly called "markers" that are highly variable and particular
to each person;
''health practitioner·· means any person in respect of whose profession
or calling are gister is kept in terms of the Health Professions. \ct
[Chapter 27:191;
"medical officer" means a(a) medical practitioner; or
(b) State Registered
~~urse;
employed wholly or mainly or on a part-time basis hy the Police
Service, the Prisons and Conectional Service or other organ of
State, or a local authority;
":\ational Director of Public Prosecutions" means the :\ational Director
of Public Prosecutions appointed in terms of section 8 of the
National Prosecuting Authority Act [Chapter 7.·201;
(h)
hy the repeal of the definition of "public prosecutor" and the substitution
of""public prosecutor" means the Prosecutor-General or a person who
has the Prosecutor-General's authority to institute and conduct
criminal proceedings on behalf of the State;";
(c)
3
by the repeal of the definition of "statutory capital offence".
New Part substituted for Part II of Cap. 9:07
Part Il of the principal Act is repealed and the following Part is substituted-
26