34JSampling procedure order

34J Sampling procedure order

[Section 34J Inserted by No. 28 of 2014, s. 16, Applied:17 Dec 2014]

(1)  On the hearing of a sampling procedure application in respect of a young child, a magistrate may make an order authorising the carrying out of a sampling procedure on the young child if the magistrate is satisfied that it is necessary for a sampling procedure to be carried out on the young child for one or more of the following purposes:

(a) to identify the young child, if a police officer is of the opinion that the young child is lost or abandoned;

(b) to identify a deceased person, if the young child is the only person available to provide DNA for the purpose of identifying the deceased person;

(c) to identify or locate a missing person, if the young child is the only person available to provide DNA for the purpose of identifying or locating the missing person;

(d) to establish the young child's parentage, if the young child is not a victim of a crime to which the sampling procedure application relates but the young child's DNA may provide evidence of the commission of that crime;

(e) to differentiate the young child's forensic material from other forensic material found at a particular crime scene.

(2)  On making an order under subsection (1) in respect of a young child, the magistrate must –

(a) give reasons for making the order; and

(b) ensure that a written record of the order is kept and a copy of it is provided to the applicant for the order and a parent of the young child.

(3)  An order under subsection (1) in respect of a young child may include directions as to the time and place at which, and manner in which, the sampling procedure is to be carried out on the young child.

(4)  On his or her own initiative or on the application of an Officer of Police or a police officer, a magistrate may order a parent of a young child to make the young child available, as specified in an order under subsection (1) authorising a sampling procedure to be carried out on the young child, for the purpose of carrying out that sampling procedure.