26A.—(1) In this Part, unless the context otherwise requires —
“appropriate consent” means —
(a)
for a person 16 years of age or older, the written consent of that person;
(b)
for a person 14 years of age or older but below 16 years of age, the written consent of both that person and of his or her parent or guardian; and
(c)
for a person below 14 years of age, the written consent of his or her parent or guardian,
given to —
(d)
a police officer or an officer of the Bureau in charge of the case; or
(e)
a prison officer,
after that officer has informed the person concerned, his or her parent or guardian or both (as the case may be) of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him or her;
“authorised analyst” means a person appointed by the Commissioner of Police to be an analyst for the purposes of this Part;
“body sample” means —
(a)
a sample of blood;
(b)
a sample of head hair, including the roots thereof;
(c)
a swab taken from a person’s mouth; or
(d)
such other sample as may be prescribed under subsection (2);
“DNA” means deoxyribonucleic acid;
“DNA information” means genetic information derived from the forensic DNA analysis of a body sample;
“finger impression” includes thumb impression and palmar impression;
“intimate sample” means any body sample that is obtained by means of any invasive procedure, but does not include any sample described in subsection (3);
“particulars”, in relation to a person, means any particulars, information or description of that person that may be relevant or useful in the identification of that person;
“photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person;
“registered medical practitioner” has the meaning given by the Medical Registration Act 1997 and includes a dentist registered under the Dental Registration Act 1999.
[3/2006; 22/2007]
(2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 26B.
[3/2006]
(3) The additional types of body samples that may be prescribed under subsection (2) must not include samples to be obtained from —
(a)
the genital or anal area of a person’s body;
(b)
a person’s body orifice other than the mouth; or
(c)
the breast of a woman.
[3/2006]
Informal Consolidation | Amended Act 26 of 2022
Interpretation of this Part
26A.—(1) In this Part, unless the context otherwise requires —
“appropriate consent” means —
(a)
for a person 16 years of age or older, the written consent of that person;
(b)
for a person 14 years of age or older but below 16 years of age, the written consent of both that person and of his or her parent or guardian; and
(c)
for a person below 14 years of age, the written consent of his or her parent or guardian,
given to —
(d)
a police officer or an officer of the Bureau in charge of the case; or
(e)
a prison officer,
after that officer has informed the person concerned, his or her parent or guardian or both (as the case may be) of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him or her;
“authorised analyst” means a person appointed by the Commissioner of Police to be an analyst for the purposes of this Part;
“body sample” means —
(a)
a sample of blood;
(b)
a sample of head hair, including the roots thereof;
(c)
a swab taken from a person’s mouth; or
(d)
such other sample as may be prescribed under subsection (2);
“DNA” means deoxyribonucleic acid;
“DNA information” means genetic information derived from the forensic DNA analysis of a body sample;
“finger impression” includes thumb impression and palmar impression;
[Deleted by Act 26 of 2022 wef 12/06/2023]
“invasive sample” means any body sample that is obtained by means of any invasive procedure, but does not include any sample described in subsection (3);
[Act 26 of 2022 wef 12/06/2023]
“particulars”, in relation to a person, means any particulars, information or description of that person that may be relevant or useful in the identification of that person;
“photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person;
“registered medical practitioner” has the meaning given by the Medical Registration Act 1997 and includes a dentist registered under the Dental Registration Act 1999.
[3/2006; 22/2007]
(2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 26B.
[3/2006]
(3) The additional types of body samples that may be prescribed under subsection (2) must not include samples to be obtained from —