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

58.

Withdrawal of consent to taking of certain samples under Parts 3 and 6 from protected persons or children

58. (1) The references in subsection (7) of section 27 , subsection (8) of section 29 and subsection (9) of section 48 to the withdrawal of consent by a person from whom a sample may be taken under any of those sections shall, in the case of a child who has attained the age of 16 years, be construed as references to the withdrawal of consent by the child.

(2) The references in subsection (7) of section 27 , subsection (8) of section 29 and subsection (9) of section 48 to the withdrawal of consent by a person from whom a sample may be taken under any of those sections shall, in the case of a protected person or a child who has not attained the age of 16 years, be construed as references to—

(a) in the case of a protected person, the withdrawal of consent by a parent or guardian, or other relative referred to in section 54(3), of the person who gave the consent that is being withdrawn, and

(b) in the case of such a child—

(i) who has attained the age of 14 years, the withdrawal of consent by the child or by a parent or guardian, or other relative referred to in section 54(3), of the child who gave the consent that is being withdrawn,

(ii) who has not attained the age of 14 years, the withdrawal of consent by a parent or guardian, or other relative referred to in section 54(3), of the child who gave the consent that is being withdrawn.