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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

15Q. Analysis, retention, storage, destruction and disposal of samples

 

(1) Bodily samples and crime scene samples received at the forensic laboratory must be analysed and loaded on the NFDD within 30 days, unless there is a compelling reason in terms of priorities why such samples cannot be analysed and loaded within that period.

 

(2) The authorised officer must report to the Board any compelling reason contemplated in subsection (1) when it occurs.

 

(3) If a sample is not analysed within the period referred to in subsection (1) such non-compliance will not have any effect on the investigation or prosecution concerned.

 

(4) The authorised officer must institute disciplinary action for any failure to analyse and load the samples on the NFDD within the period referred to in subsection (1) without a compelling reason.

 

(5) Any bodily sample taken from a person from the commencement of this Chapter and which is not a crime scene sample must be destroyed and disposed of within three months after a forensic DNA profile is obtained and loaded on the NFDD.

 

(6) Records of the destruction of bodily samples must be kept by the authorised officer in the prescribed manner and must be reported to the Board annually.

 

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

 

 


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