Section 2: Interpretation

2. Interpretation In this Act— “Director” means the Director of the Forensic Science Laboratory; “DNA” means deoxyribonucleic acid; “DNA sample” means an extract from a biological sample, including a reference sample, such as blood, saliva, hair, bone, tissue or seminal fluids; “forensic analysis” means an analysis carried out by an FSL officer on a DNA sample to determine the inheritance characteristics of a person and any incidental test associated with the analysis; “FSL” means the Forensic Science Laboratory; “FSL officer” means any FSL officer authorised by the Director to carry out a forensic analysis; D18 – 1 [Issue 3] “incapable person”— (a) means a person with a condition of arrested or incomplete development of mind or body arising from inherent causes or induced by disease or injury, who requires care or treatment for his protection or welfare or that of others; and (b) includes a person referred to in “Titre Onzième”, “Chapitre Deuxième”, “Chapitre Troisième” and “Chapitre Quatrième” of “Livre Premier” of the Code Civil Mauricien; “Minister” means the Minister to whom responsibility for the subject of home affairs is assigned; “parent”, in relation to a child or incapable person— (a) means his father, mother or legal guardian; (b) includes any other person in charge of the child or incapable person; “qualified person” means— (a) where the extract of a biological sample is taken other than by means of a buccal swab or other non-invasive procedure— (i) a registered medical practitioner or a registered nurse; (ii) a person having followed appropriate medical training, who is employed in a clinic, hospital or surgery and is acting under the supervision of a registered medical practitioner; (b) where a buccal swab or other non invasive procedure is used, a police officer duly authorised by the Commissioner of Police; “research” means any research by the FSL for the purpose of enhancing its forensic analysis techniques with a view to assist the police or the Court in any investigation under this Act; “serious offence” means— (a) an offence punishable by a term of imprisonment or penal servitude but does not include a contravention or an offence which is punishable by a fine only; or (b) such offence, punishable as specified in paragraph (a), as may be prescribed.