| (1) |
The Arrestee Index must contain forensic DNA profiles, derived by means of forensic DNA analysis, from a bodily sample taken under any power conferred by Chapter 3 of the Criminal Procedure Act where an arrestee's forensic DNA profile does not form part of any other Index. |
| (2) |
The forensic DNA profile in the Arrestee Index must be removed by the authorised officer immediately upon application, in the prescribed manner, when a— |
| (a) |
child is diverted in accordance with Chapter 8 of the Child Justice Act, 2008 (Act No. 75 of 2008); |
| (b) |
decision was made not to prosecute a person; |
| (c) |
person is discharged at a preparatory examination; or |
| (d) |
person is acquitted at his or her trial: |
Provided that there is no other outstanding criminal investigation against the person.
| (3) |
The application referred to in subsection (2) must be submitted to the authorised officer and a copy thereof provided to the Board. |
| (4) |
If no application for removal of a forensic DNA profile, contemplated in subsection (2) is received, the profile of the relevant person must be removed immediately after the authorised officer has been notified in accordance with subsection (5) or (6), but may not be retained for longer than— |
| (a) |
three years, in the case of an adult; or |
| (b) |
twelve months, in the case of a child. |
| (5) |
The Clerk of the Court or Registrar of the High Court must notify the authorised officer of an acquittal, conviction, setting aside or finding of a preliminary investigation within 60 days from the date of the verdict or outcome of the matter. |
| (6) |
In respect of a decision not to prosecute or the diversion of a child in accordance with Chapter 8 of the Child Justice Act, the prosecutor who made the decision must notify the authorised officer within 60 days from the date of the decision. |
| (7) |
If an application contemplated in subsection (2) is received by the authorised officer before a notification referred to in subsection (5) or (6) has been received, the authorised officer must enquire from the relevant authority in that regard. |
| (8) |
The authorised officer must notify the relevant person referred to in subsection (2) of the removal of his or her forensic DNA profile from the Arrestee Index. |
| (9) |
The authorised officer must inform the Board quarterly of any removal of a forensic DNA profile from the Arrestee Index in terms of subsections (2) and (4). |
[Section 15I inserted by section 6 of Act No. 37 of 2013]
Protection of Businesses Act, 1978
