Defence Forces (Evidence) Act 2022
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Application to retain forensic evidence beyond period specified in section 44 | ||
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45. (1) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the period referred to in section 44 , that there is good reason why an item of forensic evidence taken from, or photograph taken of, a person pursuant to powers conferred by section 34 should not be destroyed in accordance with section 44 within that period, the summary court-martial may make an order authorising the retention of the item of forensic evidence or photograph, as the case may be, for such period as it considers appropriate. | ||
(2) If the provost marshal intends to make an application under subsection (1), the provost marshal shall inform, or cause to be informed, by notice in writing, the person from whom the item of forensic evidence was taken or of whom the photograph was taken, as the case may be, of that intention. | ||
(3) If, on an application under subsection (1), the person from whom the item of forensic evidence was taken or of whom the photograph was taken, as the case may be, applies to be heard by the summary court-martial, an order shall not be made under this section unless a reasonable opportunity has been given to that person to be heard. | ||
(4) An application under this section shall be heard otherwise than in public. |