Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Further provisions regarding taking of samples under this Act or certain identification evidence under Act of 2008 or Act of 2006 | ||
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155. (1) A sample under this Act or identification evidence under the Act of 2008 or the Act of 2006— | ||
(a) shall be taken from a person in circumstances affording reasonable privacy to the person, and | ||
(b) shall not be taken from a person in the presence or view of a person whose presence is not necessary for the purposes of the taking of the sample or that identification evidence, as the case may be, or required or permitted by this Act or each of those Acts, as the case may be. | ||
(2) Nothing in this Act authorises the taking of a sample or such identification evidence from a person in a cruel, inhuman or degrading manner. | ||
(3) A sample shall not be taken under Part 2 from a person who is in custody under any of the provisions referred to in section 9 (1) while he or she is being questioned under that provision and, if questioning has not been completed before the sample is to be taken, it shall be suspended while the sample is being taken. | ||
(4) In this section “identification evidence”— | ||
(a) in the case of the Act of 2008, has the meaning given to it by section 76of that Act other than a fingerprint, palm print or photograph of a person, and | ||
(b) in the case of the Act of 2006, has the meaning given to it by section 50 of that Act other than a fingerprint, palm print, iris identification or photograph of a person. |