Defence Forces (Evidence) Act 2022
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Chapter 2 Application of this Part to persons from whom samples were taken under Part 2 | ||
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Destruction of intimate samples and non-intimate samples in certain circumstances | ||
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47. (1) Subject to section 48 , an intimate sample or a non-intimate sample taken from a person 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: | ||
(a) where proceedings for a relevant offence— | ||
(i) are not instituted against the person within the period of 12 months from the date of the taking of the sample 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 relevant offence, | ||
(II) the charge against the person in respect of the relevant offence is dismissed in accordance with section 177, 177C, 177D, 178, 178C or 178D of the Act of 1954, or | ||
(III) the proceedings for the relevant offence are discontinued; | ||
(b) the person’s conviction for the relevant offence concerned in connection with which the sample concerned was taken is quashed; | ||
(c) the person’s conviction for the offence against military law concerned in connection with which the sample concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 . | ||
(2) For the purposes of this section, “retention period”, in relation to an intimate sample or a non-intimate sample, means the period from the taking of the sample concerned from a person to the latest date for the destruction of that sample under subsection (1). |