23XY

Inadmissibility of evidence where forensic material required to be destroyed

In force

(1)

If a provision of this Part requires forensic material taken from a person by a forensic procedure to be destroyed, subsection (2) applies to:

(a)

evidence of the forensic material; and

(b)

if the material has not been destroyed—evidence consisting of the forensic material; and

(c)

any results of the analysis of the forensic material; and

(d)

any other evidence made or obtained as a result of or in connection with the carrying out of the forensic procedure.

(2)

The results of the analysis, and the other evidence, are not admissible if adduced by the prosecution in any proceedings against the person, but may be admissible if adduced in such proceedings by the person.

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