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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa

15O. Foreign and international law enforcement agencies

 

(1) The authorised officer may, subject to the provisions of this Act and any other applicable law, upon receipt of a forensic DNA profile from a foreign state or a recognised international law enforcement organisation, court or tribunal, compare the forensic DNA profile with any of the Indices in the NFDD, except the Investigative Index, for the purposes set out in section 15F.

 

(2) The authorised officer may for the purposes referred to in section 15F, communicate a forensic DNA profile contained in the Crime Scene Index and the Missing Persons and Unidentified Human Remains Index to a foreign state or a recognised international law enforcement organisation, court or tribunal.

 

(3) Subsections (1) and (2) may only be utilised for investigative purposes and should forensic DNA results be required for purposes of evidence in a court of law, the processes referred to in the International Cooperation in Criminal Matters Act, 1998 (Act 75 of 1996), must be utilised.

 

(4) The communication of the outcome of the comparative search contemplated in subsection (1) or the profile contemplated in subsection (2) may only be done subject to the international obligations of the Republic.

 

(5) Any request in terms of this section and the outcome thereof must be reported to the Board.

 

[Section 15O inserted by section 6 of Act No. 37 of 2013]