32Application for order to retain forensic material, &c.

32 Application for order to retain forensic material, &c.

(1)  If a volunteer withdraws consent to the retention of forensic material taken from the volunteer during the carrying out of a forensic procedure or information obtained from the analysis of that material, or both, a police officer may apply to a magistrate for an order authorising the retention of that material or that information, or both.

(2)  An application must –

(a) be in writing; and

(b) be supported by evidence on oath or by affidavit; and

(c) specify what is sought to be retained under the order.

(3)  [Section 32 Subsection (3) amended by No. 28 of 2014, s. 15, Applied:17 Dec 2014] An application must be served on the volunteer who has withdrawn consent and, if the volunteer is between 10 and 14 years of age (both years inclusive), on his or her parent.

(4)  Service of a copy of an application may be proved in the same manner as service of a summons under the Justices Act 1959 .