South African Police Service Act, 1995 (Act No. 68 of 1995)Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa15Q. 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]