sec.490When DNA sample taken from suspected person and results must be destroyed

### sec.490 When DNA sample taken from suspected person and results must be destroyed A DNA sample taken from a person suspected of having committed an indictable offence and the results of a DNA analysis of the sample must be destroyed within a reasonably practicable time after the end of 1 year from— if the person’s arrest for the indictable offence is discontinued under section 376 (1) or chapter 14 , part 4 , division 5 —the day the arrest is discontinued; or if the proceeding for the indictable offence is discontinued before a court—the day the proceeding is discontinued; or if the person is found not guilty of the indictable offence, including on appeal—the day the person is found not guilty of the offence; or if a proceeding for the indictable offence is not started within 1 year after the sample is taken—the day the sample is taken. Subsection (1) does not apply if— the person has been proceeded against for another indictable offence the charge of which has not been decided; or the person has been found guilty of another indictable offence, including an indictable offence dealt with summarily, whether before or after the commencement of this section; or the DNA sample and the results of the DNA analysis of the sample are required for the investigation of another indictable offence the person is reasonably suspected of having committed; or the person is not proceeded against for an indictable offence because the person has been found unfit for trial because of mental illness. Subsection (1) does not apply if the DNA sample was taken under a forensic procedure consent and the person has not, under section 454 (1) (g) , limited the purpose for which the sample may be used under the consent. Subsection (1) does not apply to a DNA sample taken from a prisoner under section 487 or the results of a DNA analysis of the sample, other than to the extent subsection (1) (c) applies to the offence for which the person was imprisoned. For subsection (1) , the results of a DNA analysis may be destroyed by deleting any information in QDNA that identifies the person from whom the DNA sample was taken with the results obtained by analysing the sample. This section applies subject to sections 490A, 490AA and 490B. s 490 ins 2003 No. 49 s 10 amd 2006 No. 26 s 3 sch 1 ; 2023 No. 34 s 4B; 2023 No. 11 s 27; 2024 No. 24 s 57 sch 1 pt 2 ; 2025 No. 7 s 47 (sec.490-ssec.1) A DNA sample taken from a person suspected of having committed an indictable offence and the results of a DNA analysis of the sample must be destroyed within a reasonably practicable time after the end of 1 year from— if the person’s arrest for the indictable offence is discontinued under section 376 (1) or chapter 14 , part 4 , division 5 —the day the arrest is discontinued; or if the proceeding for the indictable offence is discontinued before a court—the day the proceeding is discontinued; or if the person is found not guilty of the indictable offence, including on appeal—the day the person is found not guilty of the offence; or if a proceeding for the indictable offence is not started within 1 year after the sample is taken—the day the sample is taken. (sec.490-ssec.2) Subsection (1) does not apply if— the person has been proceeded against for another indictable offence the charge of which has not been decided; or the person has been found guilty of another indictable offence, including an indictable offence dealt with summarily, whether before or after the commencement of this section; or the DNA sample and the results of the DNA analysis of the sample are required for the investigation of another indictable offence the person is reasonably suspected of having committed; or the person is not proceeded against for an indictable offence because the person has been found unfit for trial because of mental illness. (sec.490-ssec.3) Subsection (1) does not apply if the DNA sample was taken under a forensic procedure consent and the person has not, under section 454 (1) (g) , limited the purpose for which the sample may be used under the consent. (sec.490-ssec.4) Subsection (1) does not apply to a DNA sample taken from a prisoner under section 487 or the results of a DNA analysis of the sample, other than to the extent subsection (1) (c) applies to the offence for which the person was imprisoned. (sec.490-ssec.5) For subsection (1) , the results of a DNA analysis may be destroyed by deleting any information in QDNA that identifies the person from whom the DNA sample was taken with the results obtained by analysing the sample. (sec.490-ssec.6) This section applies subject to sections 490A, 490AA and 490B. - (a) if the person’s arrest for the indictable offence is discontinued under section 376 (1) or chapter 14 , part 4 , division 5 —the day the arrest is discontinued; or - (b) if the proceeding for the indictable offence is discontinued before a court—the day the proceeding is discontinued; or - (c) if the person is found not guilty of the indictable offence, including on appeal—the day the person is found not guilty of the offence; or - (d) if a proceeding for the indictable offence is not started within 1 year after the sample is taken—the day the sample is taken. - (a) the person has been proceeded against for another indictable offence the charge of which has not been decided; or - (b) the person has been found guilty of another indictable offence, including an indictable offence dealt with summarily, whether before or after the commencement of this section; or - (c) the DNA sample and the results of the DNA analysis of the sample are required for the investigation of another indictable offence the person is reasonably suspected of having committed; or - (d) the person is not proceeded against for an indictable offence because the person has been found unfit for trial because of mental illness.