Section 9: Taking, storage, preservation and destruction of DNA sample

9. Taking, storage, preservation and destruction of DNA sample (1) Every DNA sample shall be taken by a qualified person and stored and preserved in accordance with such procedure and guidelines as may be laid down by the FSL. (2) Subject to subsections (3) and (4) and section 10 (5), a DNA sample shall be destroyed by the FSL as soon as it has fulfilled the purpose for which it was taken or after the final disposal of any proceedings in relation to which the sample was taken, whichever occurs later. [Issue 3] D18 – 4 (3) (a) Subject to paragraph (b), a DNA sample may be kept for such reasonable time as may be appropriate for the purpose of research or the constitution of its DNA Data Records or DNA Population Statistical Database. (b) No research shall be undertaken pursuant to paragraph (a) without the approval of the Minister. (4) A Court may, where it is satisfied that a DNA sample may reasonably be required in an investigation or a prosecution of a person for an offence, order that the DNA sample shall not be destroyed during such period as the Court considers appropriate. (5) Notwithstanding the preceding subsections, a DNA sample collected at a scene of crime may be kept for as long as the Commissioner of Police or the FSL deems it desirable to do so unless the destruction of the sample is ordered by the Court.