CRIMINAL PROCEDURE AND EVIDENCE ACT (ii) by the medical officer of any prison at which the arrested person is detained; (iii) by an authorised person of the same sex as the person from whom the intimate sample is to be taken; in order to ascertain some fact which is material to the investigation of the charge upon which such person has been arrested. [Subsection substituted by s. 12 of Act No. 2 of 2016] (4) When it is desired to search or examine the body of a woman in terms of this section, such search or examination, unless made by a medical officer, shall be made only by a woman and shall be conducted with strict regard to decency and, if there is no woman available for such search or examination who is a police officer or a prison officer, the search or examination may be made by any woman specially named for the purpose by a peace officer. (5) Any finger-prints, palm-prints, footprints or photographs and the records of any steps taken under this section shall be destroyed if the person concerned is found not guilty at his trial or his conviction is set aside by a superior court or the Prosecutor-General declines to prosecute him in terms of paragraph (a) of subsection (1) of section one hundred and one or the charge against him is withdrawn. [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015.] 41A Arrested person to be informed of his or her rights (1) Subject to this section, where a person has been arrested by a peace officer, whether with or without a warrant, the peace officer shall cause the person to be informed promptly, in a language he or she understands, of— (a) the reason for the arrest; and (b) his or her right to remain silent; and (c) the consequences of remaining silent and of not remaining silent; and (d) his or her right to contact, at the state’s expense any one of the following— (i) a legal practitioner of his or her choice; or (ii) a medical practitioner of his or her choice; or (iii) his or her spouse or partner; or (iv) his or her relative of choice; or (v) anyone else of his or her choice; for the purpose of informing the person contacted about the arrest. (2) Where a person has been informed of his or her rights referred to in subsection (1) in the English language, it shall be presumed, unless the contrary is proved, that he or she was informed of his or her rights in a language he or she understands. (3) For the purposes of subsection (1)(d), if an arrested person does not succeed, without any fault on his or her part, in contacting a person of his or her first choice, the arrested person shall be allowed to contact any person until he or she succeeds in contacting him or her. (4) The Tenth Schedule shall guide a peace officer as to the form of the words to be used for the purposes of subsection (1). (5) Where a person has been arrested by a private person in terms of this Act or any other enactment, the private person must as soon as possible deliver the arrested person over to a police officer, who must then, as soon as he or she is satisfied that the arrest is justified, cause the arrested person to be informed of his or her rights in the manner provided in subsection (1). (6) Every person concerned in the arrest of another person, under this Act or any other enactment and whether the arrest is with or without warrant, shall ensure that the arrested person is— (a) treated humanely and with respect for his or her inherent dignity; and (b) permitted to challenge the lawfulness of the arrest in person before a court; and (c) released promptly if the arrest is unlawful. 27