44Presence of parent or witness while forensic procedure is carried out

44 Presence of parent or witness while forensic procedure is carried out

(1)  In this section –

independent witness means a person who has attained the age of 18 years and is not a police officer or a parent of the person undergoing a forensic procedure;

unavailable, in relation to a parent of a person on whom a forensic procedure is to be carried out, means that the parent –

(a) has declined to be present during the carrying out of the forensic procedure; or

(b) cannot be located after a reasonable attempt has been made to do so.

(2)  [Section 44 Subsection (2) amended by No. 28 of 2014, s. 18, Applied:17 Dec 2014] Except as provided in subsection (3) , a forensic procedure may be carried out on a person who is between 10 and 14 years of age (both years inclusive) only if there is present during the carrying out of the procedure –

(a) the person's parent; or

(b) if all parents of the person are unavailable, an independent witness.

(3)  [Section 44 Subsection (3) amended by No. 28 of 2014, s. 18, Applied:17 Dec 2014] If a parent or independent witness unreasonably interferes with, or obstructs, the carrying out of a forensic procedure on a person who is between 10 and 14 years of age (both years inclusive) –

(a) the parent or witness may be excluded from the place where the procedure is being carried out; and

(b) the carrying out of the procedure may then proceed in the absence of that parent or witness.

(4)  [Section 44 Subsection (4) amended by No. 28 of 2014, s. 18, Applied:17 Dec 2014] Subsection (3) does not apply to a parent of a person who is between 10 and 14 years of age (both years inclusive) if –