Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 3 : Ascertainment of Bodily Features of Persons

36A. Interpretation of Chapter 3

Purchase

(1)	For the purposes of this Chapter, unless the context indicates otherwise—

(a)	'appropriate person' means any adult member of a child's family, or a care-giver of the child, which includes any person other than a parent or guardian who factually cares for a child, including—

(i)	a foster parent;

(ii)	a person who cares for a child with the implied or express consent of a parent or guardian of the child;

(iii)

a person who cares for a child whilst the child is in temporary safe care;

(iv)	the person at the head of a child and youth care centre where a child has been placed;

(v)	the person at the head of a shelter;

(vi)	a child and youth care worker, who cares for a child who is without appropriate family care in the community; and

(vii)

a child at the head of a child-headed household, if such a child is 16 years or older;

(aA)	'authorised officer' means the police officer commanding the Division responsible for forensic services within the South African Police Service, or his or her delegate;

[Definition inserted by section 1(a) of Act No. 37 of 2013]

(b)	'authorised person' means—

(i)	with reference to photographic images, fingerprints or body-prints, any police official or a member of the Independent Police Investigative Directorate, referred to in the Independent Police Investigative Directorate Act, in the performance of his or her official duties; and

(ii)

with reference to buccal samples, any police official or member of the Independent Police Investigative Directorate, referred to in the Independent Police Investigative Directorate Act, who is not the crime scene examiner of the particular case, but has successfully undergone the training prescribed by the Minister of Health under the National Health Act, in respect of the taking of a buccal sample;

[Definition substituted by section 1(b) of Act No. 37 of 2013]

(c)	'body-prints' means prints other than fingerprints, taken from a person and which are related to a crime scene, but excludes prints of the genitalia, buttocks or breasts of a person;

(cA)	'bodily sample' means intimate or buccal samples taken from a person;

[Definition inserted by section 1(c) of Act No. 37 of 2013]

(cB)	'buccal sample' means a sample of cellular material taken from the inside of a person's mouth;

[Definition inserted by section 1(c) of Act No. 37 of 2013]

(d)	'child' means a person under the age of 18 years;

(e)	'Child Justice Act' means the Child Justice Act, 2008 (Act No. 75 of 2008);

(f)	'comparative search' means the comparing by the authorised officer of—

(i)	fingerprints, body-prints or photographic images, taken under any power conferred by this Chapter, against any database referred to in Chapter 5A of the South African Police Service Act; and

(ii)	forensic DNA profiles derived from bodily samples, taken under any power conferred by this Chapter, against forensic DNA profiles contained in the different indices of the NFDD referred to in Chapter 5B of the South African Police Service Act;

[Definition substituted by section 1(d) of Act No. 37 of 2013]

(fA)	'crime scene sample' means physical evidence which is retrieved from the crime scene or any other place where evidence of the crime may be found, and may include physical evidence collected from the body of a person, including a sample taken from a nail or from under the nail of a person;