Defence Forces (Evidence) Act 2022
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Destruction of item of forensic evidence or photograph taken under section 34 | ||
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36. (1) An item of forensic evidence taken from, or photograph taken of, a person pursuant to powers conferred by section 34 shall, if not previously destroyed, be destroyed in accordance with this section or, if appropriate, section 37 , 38 or 44 . | ||
(2) Subject to section 37 , an item of forensic evidence or photograph referred to in subsection (1) shall, if not previously destroyed, be destroyed in any of the following circumstances not later than the expiration of the period of 3 months from the date on which such circumstances first apply to the person referred to in subsection (1): | ||
(a) where proceedings for an offence against military law— | ||
(i) are not instituted against the person within the period of 12 months from the date of the taking of the item of forensic evidence or photograph concerned, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or | ||
(ii) have been instituted and— | ||
(I) the person is acquitted of the offence against military law, | ||
(II) the charge against the person in respect of the offence against military law is dismissed under section 177 or 178 of the Act of 1954, or | ||
(III) the proceedings for the offence against military law are discontinued; | ||
(b) the person’s conviction for the offence against military law concerned in connection with which the item of forensic evidence or photograph concerned was taken is quashed; | ||
(c) the person’s conviction for the offence against military law concerned in connection with which the item of forensic evidence or photograph concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 . |