Criminal Law Code as at 1st March 2007 above the rank of constable, take an appropriate sample from the accused person, and may use such force as is reasonably necessary in order to take the sample: Provided that the medical practitioner or designated person may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person. (4) An appropriate sample taken in terms of subsection (3)— (a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or designated person concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and (b) in the case of a blood or tissue sample, shall be taken from a part of the accused person’s body selected by the medical practitioner or designated person concerned in accordance with accepted medical practice. (5) The sample or samples taken from an accused person in terms of this section shall be tested for HIV as soon as possible and be stored at an appropriate place until the conclusion of the trial: Provided that— (i) the results of the testing shall not be revealed at any time before or during the trial, and only be revealed after the conclusion of the trial if the accused person is convicted of a sexual offence; (ii) every sample taken from an accused person in terms of this section shall be destroyed if the accused person is acquitted. (6) Without prejudice to any other defence or limitation that may be available in terms of any law, no claim shall lie and no set-off shall operate against— (a) the State; or (b) any Minister; or (c) any medical practitioner or designated person; in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (3), unless the taking was unreasonable or done in bad faith or the person who took the sample acted negligently. (7) Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both. 9. In section 323 (“Previous conviction not to be charged in indictment”) by the deletion of “It” and the substitution of “Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it”. 10. By the repeal of sections 346A and 360. 11. In section 385 (“Prosecutions of corporations and members of associations”)— - 167 -