(1)
| (a) |
An Investigative Index must contain forensic DNA profiles, derived by means of forensic DNA analysis from a bodily sample taken from a person with his or her informed consent or authorised in accordance with section 36E (2) of the Criminal Procedure Act. |
| (b) |
If the person referred to in paragraph (a) is a child, the sample may be taken with the informed consent of the child's parent or guardian. |
| (2) |
For the purposes of this section, "informed consent"' means that the person consents, in writing, to the taking of a buccal sample, after a police official has informed him or her— |
| (a) |
of the manner in which the buccal sample will be taken; |
| (b) |
that he or she is under no obligation to give a buccal sample; |
| (c) |
that the sample or the forensic DNA profile derived from it may produce evidence that might be used in a court of law; |
| (d) |
that the buccal sample taken under this section, and the forensic DNA profile derived from it, may only be used for purposes referred to in section 15F; and |
| (e) |
that any profile derived from a sample taken under this section will be removed and that the person will be notified within three months after the authorised officer is notified that the case is finalised. |
| (3) |
A profile in the Investigative Index must— |
| (a) |
be stored on the NFDD; and |
| (b) |
be removed within three months after the authorised officer is notified that the case is finalised and the relevant person must be notified, within the same period of such removal. |
[Section 15K inserted by section 6 of Act No. 37 of 2013]
Witness Protection Act, 1998
