| (1) |
The Missing Persons and Unidentified Human Remains Index must contain forensic DNA profiles, derived by means of forensic DNA analysis, from— |
| (a) |
any bodily sample of a missing or unidentified person; or |
| (b) |
any bodily sample or crime scene sample taken from unidentified human remains. |
| (2) |
Familial searches may be conducted in respect of forensic DNA profiles referred to in subsection (1). |
| (3) |
Forensic DNA profiles referred to in subsection (1) must be stored until the purpose for which they have been stored have [sic] been achieved, and must then be removed. |
| (4) |
A request to conduct a familial search must be submitted to the authorised officer and a copy thereof provided to the Board. |
| (5) |
The Board must be notified of any request for the use of familial searches and the outcome thereof. |
| (6) |
The Minister must ensure that a policy relating to familial searches is developed. |
(7)
| (a) |
For the purposes of this section, 'familial searches' means a technique whereby a forensic DNA profile derived from a sample— |
| (i) |
of a missing person; or |
| (ii) |
obtained from a family member of a missing person, |
is deliberately searched against the Missing Persons and Unidentified Human Remains Index and the Crime Scene Index of the NFDD to obtain a list of forensic DNA profiles that are almost similar to the forensic DNA profile derived from a sample referred to in subparagraph (i) or (ii).
| (b) |
The Service may use the results of the familial searches referred to in paragraph (a) as an investigative lead, by a specially trained police official, to— |
| (i) |
interview family members of the near matches; or |
| (ii) |
identify unidentified human remains. |
| (c) |
The results of familial searches must be dealt with in a sensitive manner. |
[Section 15M inserted by section 6 of Act No. 37 of 2013]
Basic Conditions of Employment Act, 1997
