Basic Conditions of Employment Act, 1997
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa15J. Convicted Offender Index |
| (1) | The Convicted Offender Index must contain forensic DNA profiles, derived by means of forensic DNA analysis, from a bodily sample— |
| (a) | that was entered into the Arrestee Index, but an arrestee has subsequent to the entering of his or her forensic DNA profile on the Arrestee Index been convicted of an offence; or |
| (b) | that was taken from a person convicted of an offence either before or after the coming into operation of this Chapter. |
| (2) | Upon the conviction of a child, the child's forensic DNA profile must be retained on a database referred to in this Chapter, subject to the provisions relating to expungement of a conviction or sentence of a child as provided for in section 87 of the Child Justice Act, 2008 (Act No. 75 of 2008). |
| (3) | The forensic DNA profile in the Convicted Offender Index must be removed by the authorised officer immediately upon application in the prescribed manner when— |
| (a) | a person's conviction is set aside on appeal or review; or |
| (b) | the relevant notice in terms of section 15I(5) has been received: |
Provided that section 15I(4), (7), (8) and (9) are applicable with the necessary changes to the removal of forensic DNA profiles from the Convicted Offender Index.
| (4) | The forensic DNA profile of a convicted offender who has been pardoned in terms of section 84(2)(j) of the Constitution of the Republic of South Africa, 1996, or whose criminal record has been expunged in terms of sections 271B to 271D of the Criminal Procedure Act, must be removed by the authorised officer from the Convicted Offender Index within three years of being notified of the pardon or expungement by the Director-General: Justice and Constitutional Development. |
| (5) | In the case of a child, the forensic DNA profile on the Convicted Offender Index must be removed within 12 months if no application for expungement referred to in subsection (2), or pardon, referred to in subsection (3) has been received from or on behalf of such child. |
| (6) | Subject to subsections (2), (3), (4) and (5) the forensic DNA profiles in the Convicted Offender Index must be stored on the NFDD and be retained indefinitely. |
[Section 15J inserted by section 6 of Act No. 37 of 2013]
