48Obstructing, &c., the carrying out of forensic procedure

48 Obstructing, &c., the carrying out of forensic procedure

(1)  This section applies if a police officer or magistrate has made an order authorising the carrying out of a forensic procedure on a suspect or charged person under Part 2 .

(2)  Evidence that the suspect or charged person –

(a) refused to comply with any reasonable direction in connection with the carrying out of the forensic procedure; or

(b) obstructed, resisted, hindered, used violence against, threatened or intimidated a person in connection with the carrying out of the forensic procedure  –

is admissible in any proceedings against the suspect or charged person in respect of the offence in relation to which the forensic procedure was carried out.

(3)  Evidence described in subsection (2) is not admissible unless it is established that the suspect or charged person –

(a) had been informed by a police officer, through an interpreter if necessary, in language (including sign language or braille) in which the suspect or charged person is able to communicate with reasonable fluency; or

(b) otherwise knew –

that the fact of refusing to comply with the direction, or obstructing, resisting, hindering, using violence against, threatening or intimidating the person, in connection with the carrying out of the forensic procedure might be used in evidence against the suspect or charged person.

(4)  The court or jury may draw such inferences from the evidence described in subsection (2) as appear to the court or jury to be proper in the circumstances, having regard to any evidence given by or on behalf of the suspect or charged person.