Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Taking of certain samples under Parts 3 and 6 from protected persons or children | ||
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57. (1) Subject to subsection (2), a sample under section 27 , 29 or 48 shall, if it is reasonably practicable to do so, be taken from a protected person or a child who has not attained the age of 16 years in the presence of— | ||
(a) the person who, in accordance with section 54 , gave consent for the taking of the sample concerned from the protected person or child, as the case may be, or | ||
(b) a relative of the protected person or child, if an order is made under section 56 to authorise the taking of the sample, | ||
unless the protected person or child indicates that he or she does not wish to have that person present. | ||
(2) Notwithstanding that consent to take a sample under section 27 , 29 or 48 from a protected person or a child has been given in accordance with section 54 , or an order has been made under section 56 by a judge of the District Court authorising the taking of such a sample, the sample shall not be taken from the protected person or child, as the case may be, if he or she objects to or resists the taking of the sample. |