Criminal Justice (Mutual Assistance) Act 2008

76.

Definitions ( Chapter 3).

76.— F57 [ (1) ] In this Chapter—

F58 [ Act of 2014 means the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014; ]

“bodily sample” means any of the following:

( a) a sample of blood, hair, urine or saliva;

( b) a nail or any material found under a nail;

( c) a swab from any part of the body;

( d) a footprint or a similar impression of any part of the body, including a dental impression;

F58 [ child means a person who has not attained the age of 18 years;

F59 [ controller means a controller within the meaning of Part 5 of the Data Protection Act 2018; ]

data controller has the meaning it has in section 1 (1) of the Data Protection Act 1988 ; ]

“dentist” means a person whose name is entered for the time being in the Register of Dentists maintained under the Dentists Act 1985;

F58 [ DNA means deoxyribonucleic acid;

DNA profile , in relation to a person, means information comprising a set of identification characteristics of the non-coding part of DNA derived from an examination and analysis of a bodily sample or DNA sample from the person and that is capable of comparison with similar information derived from an examination and analysis of another sample of biological material for the purpose of determining whether or not that other sample could relate to that person;

DNA sample , in relation to a person, means a sample of hair other than pubic hair of the person or a swab from the mouth (including the inside of the mouth) of the person; ]

“doctor” means a person whose name is entered for the time being in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978;

F58 [ guardian , in relation to a child (including a protected person who is a child), has the meaning it has in the Act of 2014; ]

F60 [ identification evidence , in relation to a person, means

( a ) a fingerprint, palm print or photograph of the person,

( b ) a bodily sample from the person or the DNA profile of the person generated from such a sample, or

( c ) a DNA sample from the person or the DNA profile of the person generated from such a sample,

and includes any related records; ]

F58 [ inadequately labelled and insufficient , in relation to a DNA sample, have the meanings they have in the Act of 2014; ]

F58 [ non-coding part of DNA , in relation to a person, means the chromosome regions of the person s DNA that are not known to provide for any functional properties of the person; ]

“nurse” means a person whose name is entered for the time being in the register of nurses established under section 27 of the Nurses Act 1985.

F58 [ parent , in relation to a protected person or a child, has the meaning it has in the Act of 2014;

protected person means, subject to subsection (2), a person (including a child) who, by reason of a mental or physical disability

( a ) lacks the capacity to understand the general nature and effect of the taking of identification evidence from him or her, or

( b ) lacks the capacity to indicate (by speech, sign language or any other means of communication) whether or not he or she consents to identification evidence being taken from him or her;

relevant offence has the meaning it has in the Act of 2014. ]

F61 [ (2) The reference in the definition of protected person in subsection (1) to a mental or physical disability in relation to a person (including a child) shall be construed as not including a reference to the person being under the intoxicating influence of any alcoholic drink, drug, solvent or any other substance or combination of substances.

(3) In the application of this Chapter in relation to a protected person or a child who is married, the references in sections 79 and 79B to a parent or guardian of the person or child, as the case may be, shall be construed as references to his or her spouse. ]