Defence Forces (Evidence) Act 2022
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Destruction of items of forensic evidence taken under section 34 in exceptional circumstances | ||
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38. (1) Notwithstanding sections 36 and 37 , if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), exist that justify the destruction of an item of forensic evidence or photograph of a person, the item of forensic evidence or photograph concerned shall be destroyed as soon as practicable after the provost marshal is so satisfied. | ||
(2) The exceptional circumstances referred to in subsection (1) are the existence of one or more of the following: | ||
(a) it is established, at any time after the placing in service custody of the person concerned for the purposes of the investigation of an offence against military law during which the item of forensic evidence or photograph concerned was taken, that no such offence was committed; | ||
(b) it is established that the placing in service custody of the person concerned for the purposes of the investigation of an offence against military law during which the item of forensic evidence or photograph concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that offence; | ||
(c) it is determined by a court that the placing in service custody of the person concerned for the purposes of the investigation of an offence against military law during which the item of forensic evidence or photograph concerned was taken was unlawful. |