Housing Development Agency Act, 2008
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 3 : Ascertainment of Bodily Features of Persons36E. Samples for investigation purposes |
| (1) | Subject to subsection (2) and section 36A(5), an authorised person may take a buccal sample of a person or a group of persons, or supervise the taking of a buccal sample from a person who is required to submit such sample and who requests to do so himself or herself if there are reasonable grounds to— |
| (a) | suspect that the person or that one or more of the persons in that group has committed an offence referred to in Schedule 8; and |
| (b) | believe that the buccal sample or the results of the forensic DNA analysis thereof, will be of value in the investigation by excluding or including one or more of those persons as possible perpetrators of the offence. |
| (2) | If a person does not consent to the taking of a buccal sample under this section, a warrant may be issued by a judge or a magistrate if it appears from written information given by the authorised person on oath or affirmation that there are reasonable grounds for believing that— |
| (a) | any person from whom a buccal sample is required has committed an offence listed in Schedule 8; and |
| (b) | the sample or the results of an examination thereof, will be of value in the investigation by excluding or including that person as a possible perpetrator of the offence. |
| (3) | The provisions of section 36D(4), (5)(a), (6) and (7) apply with the necessary changes, to a sample or forensic DNA profile derived therefrom as contemplated in subsection (1). |
[Section 36E inserted by section 2 of Act No. 37 of 2013]
