Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Direction from Director of FSI for sample to be taken for elimination purposes | ||
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46. (1) If the Director of FSI has good reason to believe that, in relation to the investigation of an offence, a person specified in subsection (2) has, or may have, contaminated a particular crime scene sample, the Director may direct that the person shall have a sample taken from him or her under this section for the purpose, in relation to the investigation of that offence, of ascertaining whether that person has contaminated that crime scene sample. | ||
(2) A direction may be given under subsection (1) in respect of a member of the staff of FSI other than a member of staff to whom section 43 (2) applies. | ||
(3) A direction under subsection (1)shall be given in writing and the Director of FSI shall give, or cause to be given, a copy of it to the member of the staff of FSI to whom it relates. | ||
(4) A person who is authorised in writing by the Director of FSI to take samples under this section shall inform a member of the staff of FSI of the following before taking, or causing to be taken, such a sample from him or her: | ||
(a) that the sample is to be taken from him or her pursuant to a direction given under this section; | ||
(b) in a case in which a sample already taken under this section from the member of staff has proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 47 (2) a second or further sample under this section is required to be taken from him or her— | ||
(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and | ||
(ii) that a second or further sample under this section is, in accordance with section 47 (2), to be taken from him or her; | ||
(c) that the sample will be used to generate a DNA profile in respect of the member of staff for the purpose of ascertaining whether he or she has contaminated the crime scene sample concerned; | ||
(d) that the sample, and the DNA profile in respect of the member of staff generated from it, may be destroyed in accordance with Part 10. | ||
(5) Subject to this Act, a person who is authorised in writing by the Director of FSI to take samples under this section may take, or cause to be taken, such a sample from a person in respect of whom a direction is given under subsection (1). |