Identifying information of charged suspects
67 Identifying information of charged suspects
Identifying information of a suspect obtained under Part 7 —
may be compared with other information, whether or not in a forensic database, as soon as it is obtained; and
may be put in a forensic database as soon as it is obtained; and
may be used to obtain any identifying particular of the suspect; and
subject to subsection (3), must be destroyed if the charge against the suspect is finalised without a finding of guilt and destruction is requested under section 69 by or on behalf of the suspect.
Subsection (1) also applies to and in respect of identifying information of a charged suspect (within the meaning of Part 7) lawfully obtained before the commencement of Part 7 as if the references in subsection (1)(a) and (b) to “as soon as it is obtained” were deleted.
Subsection (1)(c) does not apply to identifying information of a suspect if, in relation to the offence with which the suspect is charged —
the suspect is found to be unfit to stand trial under the Criminal Law (Mental Impairment) Act 2023; or
the suspect is found not guilty of the offence on account of mental impairment.
If identifying information of a person is not destroyed because of the operation of subsection (3) and the person —
is subsequently reasonably suspected of having committed a serious offence, section 66 applies to the information; or
is subsequently charged with a serious offence, this section applies to the information.
[Section 67 amended: No. 84 of 2004 s. 82; No. 15 of 2011 s. 9; No. 22 of 2013 s. 26; No. 10 of 2023 s. 317, 409 and 412.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.