Crimes (Forensic Procedures) Act 2000 No 59
Historical version for 20 June 2006 to 11 December 2006 (accessed 24 May 2013 at 15:22) Current version

27   Application and order for repeated forensic procedure

(1)  An authorised applicant (but no other person) may apply to a Magistrate for an order under this section authorising him or her to arrange the carrying out for a second time of a forensic procedure on a suspect on whom a forensic procedure has already been carried out by order of a Magistrate under section 24.
(2)  The application for the order must:
(a)  be made in writing, and
(b)  specify the type of forensic procedure carried out and the grounds for authorising it to be carried out a second time, and
(c)  be supported by evidence on oath or by affidavit.
(3)  A Magistrate may order the carrying out for a second time of a forensic procedure on a suspect under this section if the Magistrate is satisfied that:
(a)  the forensic procedure already carried out on the suspect was authorised by an order under section 24 and was carried out in accordance with Part 6, and
(b)  the forensic material obtained as a result of the carrying out of that forensic procedure is insufficient for analysis, has been contaminated, has been lost or is for any other reason not available for analysis, and
(c)  the carrying out of the forensic procedure for a second time is justified in all the circumstances.
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