Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Destruction of intimate samples and non-intimate samples in exceptional circumstances | ||
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78. (1) Notwithstanding sections 76 and 77 , if the Commissioner is satisfied that exceptional circumstances exist that justify the destruction of an intimate sample or a non-intimate sample, the sample concerned shall be destroyed as soon as practicable after the application of those circumstances in relation to that sample becomes known. | ||
(2) The exceptional circumstances referred to in subsection (1)are the following: | ||
(a) it is established, at any time after the detention of the person concerned under any of the provisions referred to in section 9 (1)for the purposes of the investigation of a relevant offence during which the sample concerned was taken, that no such offence was committed; | ||
(b) it is established that the detention of the person concerned under any of the provisions referred to in section 9 (1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; or | ||
(c) it is determined by a court that the detention of the person concerned under any of the provisions referred to in section 9 (1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful. |