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| 37268act37of2013crimlawamend27jan2014.pdf | 194.75 KB |
37 of 2013
The Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 intends:
- to amend the Criminal Procedure Act, 1977, so as:
- to provide for the taking of specified bodily samples from certain categories of persons for the purposes of forensic DNA analysis;
- to provide in particular for the protection of the rights of women and children in the taking of DNA samples;
- to further regulate proof of certain facts by affidavit or certificate;
- to add to the Criminal Procedure Act, 1977, a Schedule 8 of offences in respect of which DNA samples must be taken;
- to amend the South African Police Service Act, 1995,
- to establish and regulate the administration and maintenance of the National Forensic DNA Database of South Africa;
- to provide for the conditions under which the samples or forensic DNA profiles derived from the samples may be retained or the periods within which they must be destroyed;
- to provide for the use of forensic DNA profiles in the investigation of crime and the use of such profiles in proving the innocence or guilt of persons before or during a prosecution or the exoneration of convicted persons, to assist in the identification of missing persons and unidentified human remains;
- to provide for protection of the rights of children in the retention and removal of forensic DNA profiles;
- to provide for oversight over the National Forensic DNA Database and the handling of complaints relating to the taking, retention and use of DNA samples and forensic DNA profiles;
- to repeal certain provisions of the Firearms Control Act, 2000, and the Explosives Act, 2003, which overlap with powers provided for in the Criminal Procedure Act, 1977, regulating the powers in respect of the taking of fingerprints and bodily samples for investigation purposes;
- to provide for transitional provisions in respect of the DNA database; and
- to provide for matters connected therewith.
Commencement
- 31 January 2015, except section 2 (Government Gazette 38376, 30 December 2014)
- 31 January 2022, Section 2 (Gazette 45739 of 13 January 2022)
Amendments
Amended by Criminal Law (Forensic Procedures) Amendment Act 8 of 2022
