Section 6: Application to Judge in Chambers

6. Application to Judge in Chambers (1) Where a person refuses to comply with a request under section 3, the Commissioner of Police, or such other officer as may be authorised by him, may apply to a Judge in Chambers for an order authorising the taking of a DNA sample from that person. (2) An application under subsection (1) may be made where the Commissioner of Police or the authorised officer is satisfied that— (a) the person from whom the DNA sample was requested is or may be connected to or associated with a serious offence; and (b) the DNA sample will tend to confirm or disprove that person’s involvement or participation in that offence. D18 – 3 [Issue 3] (3) An application under subsection (1) shall be supported by an affidavit, stating— (a) the name, date of birth, and, where appropriate, the national identity card number or passport number of the person from whom the sample was requested; (b) the nature of the offence to which the person is believed to be connected or associated; and (c) the circumstances surrounding the commission of the offence, including the degree of the alleged potential involvement or participation of that person in the commission of the offence and any other matter which the police believes may be relevant.