34Order for retention of forensic material, &c.

34 Order for retention of forensic material, &c.

(1)  On receipt of an application under section 32 , a magistrate may order that forensic material taken from a volunteer or information obtained from analysis of that forensic material, or both, be retained despite the withdrawal of consent to the retention by the volunteer or the volunteer's parent.

(2)  Before making an order under subsection (1) , the magistrate must be satisfied that –

(a) during an investigation into the commission of a serious offence, material reasonably believed to be from the body of a person who committed the offence had been found –

(i) at the scene of the offence; or

(ii) on the victim of the offence or anything reasonably believed to have been worn or carried by the victim when the offence was committed; or

(iii) on the volunteer or anything reasonably believed to have been worn or carried by the volunteer at the scene of the offence or when the offence was committed; or

(iv) on an object or person reasonably believed to have been associated with the commission of the offence; and

(b) there are reasonable grounds to believe that information obtained from analysis of the forensic material taken from the volunteer is likely to produce evidence of probative value in relation to the serious offence being investigated; and

(c) the retention of the forensic material taken from the volunteer is justified in all the circumstances.

(3)  The order may specify the period for which the forensic material obtained from carrying out the forensic procedure or information obtained from analysis of that forensic material, or both, may be retained.