Defence Forces (Evidence) Act 2022
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Date on which sample under section 9, 10 or 11 may be deemed to have been taken in certain circumstances | ||
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55. (1) This section applies where a sample (in this section referred to as the “first sample”) is taken from a person under section 9 , 10 or 11 while he or she is placed in service custody for the purposes of the investigation of a relevant offence and a DNA profile in respect of the person is generated from that sample and entered in the reference (Military Police) index of the DNA (Military Police) Database System. | ||
(2) If, in the circumstances referred to in subsection (1) in relation to a person— | ||
(a) but for the taking from him or her of the first sample, a sample may be, but is not, taken from him or her on a date after the first sample was taken (“the subsequent date”) under section 9 while the person is placed in service custody for the purposes of the investigation of a relevant offence other than the offence in connection with which the first sample was taken, or | ||
(b) an intimate sample or a non-intimate sample taken from the person on a date after the taking of the first sample (“the subsequent date”) for the investigation of a relevant offence other than the offence in connection with which the first sample was taken is not used to generate a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System as his or her DNA profile has already been entered in that index, | ||
the first sample shall be deemed to have been taken from him or her on the subsequent date for the purposes of the application of subsection (7) or (9) of section 52 to the person. | ||
(3) The subsequent date for the purposes of subsection (2)(a) shall be the latest date on which a sample under section 9 may have been taken from the person concerned. |