Defence Forces (Evidence) Act 2022

PART 7

Destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles

Chapter 1

Interpretation

Interpretation (Part 7)

46. In this Part—

(a) references to a conviction of a person for a relevant offence shall be construed as including references to a conviction of the person for such an offence after a re-trial for that offence,

(b) references to a conviction of a person for a relevant offence being quashed shall be construed as references to where a court hearing an appeal against the conviction makes an order quashing the conviction and, if the court is the Court of Appeal, either—

(i) it does not order the person to be re-tried for the offence concerned, or

(ii) it does not substitute for the verdict a verdict of guilty of another offence that is a relevant offence,

and

(c) references to the proceedings in respect of a relevant offence being determined shall be construed as references to where those proceedings are finally determined (including any appeal, whether by way of case stated or otherwise, rehearing or re-trial).