Institutional Burials Act 2022
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Re-taking of sample | ||
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62. (1) A second or further sample may be taken from human remains under section 46 or 59 or from a person under section 60 or 61 where a sample has already been taken from the human remains or person and— | ||
(a) the sample taken proves to be insufficient, | ||
(b) the sample taken was inadequately labelled, or | ||
(c) there is another good reason the Director, on the advice of the Director of FSI, considers it necessary that a second or further sample be taken from the person or human remains, as the case may be. | ||
(2) In this section— | ||
“inadequately labelled”, in relation to a sample, means incorrectly labelled or labelled in such a manner that it is not possible to identify with certainty the person from whom, or the human remains from which, the sample was taken; | ||
“insufficient” means, in relation to a sample, subject to subsection (3), insufficient in quantity or quality for the purpose of generating a DNA profile. | ||
(3) A reference to a sample proving insufficient includes a reference to where the sample has become unavailable or insufficient for the purposes of generating a DNA profile as a consequence of— | ||
(a) the loss, destruction or contamination of the whole or any part of the sample, | ||
(b) any damage to the whole or a part of the sample, or | ||
(c) the use of the whole or a part of the sample which produced no results or results which have to be regarded, in the circumstances, as unreliable. |