Defence Forces (Evidence) Act 2022
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Destruction of samples taken from person under section 20 and removal of their profiles from DNA (Military Police) Database System | ||
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57. (1) When the DNA profile of a person from whom a sample was taken under section 20 has been compared with a DNA profile that was generated from a crime scene sample, then, subject to subsections (2) and (3), the sample taken from the person, and the DNA profile generated from that sample in respect of the person, shall be destroyed as soon as practicable. | ||
(2) Where the provost marshal, in the case of a sample taken from a person under section 20 , is satisfied that there is good reason relating to the investigation of a particular offence against military law why the sample taken from the person under section 20 or the DNA profile generated from the sample, as the case may be, in respect of the person, or both, should not be destroyed, he or she may direct that the sample or DNA profile, or both, shall not be destroyed until a period of not more than 3 months has elapsed after the investigation of that offence against military law is concluded or any proceedings in respect of that offence against military law are determined, whichever is the later. | ||
(3) The member of the Military Police who is in charge of the investigation of the offence referred to in subsection (2) shall determine, for the purposes of that subsection, when the investigation of that offence is concluded. | ||
(4) The provost marshal shall, by notice in writing, inform a person from whom a sample was taken under section 20 where a direction is given by the provost marshal under subsection (2) in relation to the DNA profile in respect of the person. |