Defence Forces (Evidence) Act 2022

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When sample taken for purposes of DNA (Military Police) Database System may also be used for evidential purposes

14. (1) Where a person is placed in service custody for a period in connection with a relevant offence and—

(a) a sample is taken from the person under section 9 during the period, and

(b) a non-intimate sample is required from the person during the period,

then, subject to subsection (4), the sample that has already been taken from the person under section 9 may be regarded as a non-intimate sample taken from the person during the period under this Part only if—

(i) a member of the Military Police not below the rank of captain authorises the first-mentioned sample to be so regarded for the purposes of forensic testing and the generation of a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System, and

(ii) a member of the Military Police has informed the person of the following:

(I) the nature of the offence against military law in the commission of which it is suspected that the person has been involved;

(II) that an authorisation to regard that sample as a non-intimate sample has been given under paragraph (i) and the grounds on which it has been given;

(III) that the results of the forensic testing of that sample may be given in evidence in any proceedings (including proceedings other than court-martial proceedings).

(2) An authorisation under subsection (1)(i) to regard a sample taken from a person under section 9 as a non-intimate sample shall not be given unless the member of the Military Police giving it has reasonable grounds—

(a) for suspecting the involvement of the person from whom the first-mentioned sample was taken in the commission of the relevant offence in respect of which he or she is placed in service custody, and

(b) for believing that that sample will tend to confirm or disprove the involvement of that person in the commission of the relevant offence concerned.

(3) A sample taken from a person under section 9 that is regarded as a non-intimate sample in accordance with this section shall, for the purposes of this Act, be regarded as a non-intimate sample taken from the person under section 11 .

(4) Where, during a period for which a person is placed in service custody in connection with a relevant offence, a sample is taken from the person under section 9 , nothing in subsection (1) shall prevent the taking of an intimate sample or a non-intimate sample under this Part from the person during the period for which the person is placed in service custody.

(5) Where, during a period for which a person is placed in service custody an intimate sample or a non-intimate sample is taken from the person, nothing in this Part shall prevent the taking of a sample under section 9 from the person during the period for which the person is placed in service custody.