Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

57.

Taking of certain samples under Parts 3 and 6 from protected persons or children

57. (1) Subject to subsection (2), a sample under section 27 , 29 or 48 shall, if it is reasonably practicable to do so, be taken from a protected person or a child who has not attained the age of 16 years in the presence of—

(a) the person who, in accordance with section 54 , gave consent for the taking of the sample concerned from the protected person or child, as the case may be, or

(b) a relative of the protected person or child, if an order is made under section 56 to authorise the taking of the sample,

unless the protected person or child indicates that he or she does not wish to have that person present.

(2) Notwithstanding that consent to take a sample under section 27 , 29 or 48 from a protected person or a child has been given in accordance with section 54 , or an order has been made under section 56 by a judge of the District Court authorising the taking of such a sample, the sample shall not be taken from the protected person or child, as the case may be, if he or she objects to or resists the taking of the sample.