sec.898Validation for particular DNA samples affected by modifying sections

### sec.898 Validation for particular DNA samples affected by modifying sections This section applies if— on the commencement, a modifying section applies in relation to a DNA sample and the results of a DNA analysis of the sample; and immediately before the commencement, the sample and results were required to be destroyed under former section 490(1). The keeping of the DNA sample and results is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1). Also, the use of the DNA sample and results in evidence or for any other purpose related to starting, continuing or discontinuing a proceeding for an indictable offence is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1). In this section— former section 490(1) , in relation to the DNA sample and results, means section 490(1) as it applied in relation to the sample and results from time to time before the commencement. modifying section means section 490A or 490B. This section commenced on 4 December 2023. s 898 ins 2023 No. 34 s 4E amd 2025 No. 7 s 51 (sec.898-ssec.1) This section applies if— on the commencement, a modifying section applies in relation to a DNA sample and the results of a DNA analysis of the sample; and immediately before the commencement, the sample and results were required to be destroyed under former section 490(1). (sec.898-ssec.2) The keeping of the DNA sample and results is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1). (sec.898-ssec.3) Also, the use of the DNA sample and results in evidence or for any other purpose related to starting, continuing or discontinuing a proceeding for an indictable offence is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1). (sec.898-ssec.4) In this section— former section 490(1) , in relation to the DNA sample and results, means section 490(1) as it applied in relation to the sample and results from time to time before the commencement. modifying section means section 490A or 490B. - (a) on the commencement, a modifying section applies in relation to a DNA sample and the results of a DNA analysis of the sample; and - (b) immediately before the commencement, the sample and results were required to be destroyed under former section 490(1).