TAKING OF BODY SAMPLES
[45/2002 wef 13/02/2003]
—(1) In this Part —
“appropriate consent” means —
in relation to a person who has attained the age of 16 years, the consent in writing of that person;
in relation to a person who has not attained the age of 16 years but has attained the age of 14 years, the consent in writing of both that person and of his parent or guardian; and
in relation to a person who has not attained the age of 14 years, the consent in writing of his parent or guardian,
given to the authorised officer in charge of the case after the person concerned or his parent or guardian (as the case may be) has been informed by the authorised officer of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him;
“authorised analyst” means a person appointed by the Commissioner of Police to be an analyst for the purposes of this Part;
“body sample” means —
a sample of blood;
a sample of head hair, including the roots thereof;
a swab taken from a person’s mouth; or
such other sample as may be prescribed under subsection (2);
“intimate sample” means any body sample that is obtained by means of any invasive procedure;
“registered medical practitioner” has the same meaning as in the Medical Registration Act (Cap. 174) and includes a dentist registered under the Dental Registration Act (Cap. 76);
“volunteer” means a person who voluntarily gives his consent under section 13D for the taking of a body sample from him.
(2) Subject to subsections (3) and (4), the Minister may prescribe additional types of body samples that may be taken under this Part.
(3) The additional types of body samples that may be prescribed under subsection (2) shall not include body samples to be obtained from —
the genital or anal area of a person’s body;
a person’s body orifice other than the mouth; or
the breasts of a woman.
(4) Where the Minister prescribes an intimate sample under subsection (2) as an additional type of body sample which may be taken under this Part, the provisions of section 13C (which requires consent for the taking of a sample of blood) shall apply in respect of the taking of such intimate sample in the same manner as they apply in respect of the taking of a sample of blood.
—(1) Subject to the provisions of this Part, a body sample may be taken for forensic DNA analysis from any person who, on or after the date of commencement of the Registration of Criminals (Amendment) Act 2002 —
is arrested and accused of a crime;
is convicted of a crime; or
is serving his term of imprisonment in connection with a crime of which he has been convicted.
—(1) No sample of blood shall be taken from a person who is arrested and accused of a crime unless the appropriate consent is given for the taking of the sample.
(2) If the appropriate consent required under subsection (1) for the taking of a sample of blood from a person is refused without good cause or cannot be obtained despite all reasonable efforts, that person may be taken before a Magistrate and the Magistrate may, if satisfied that there is reasonable cause to believe that the sample may confirm or disprove whether that person was involved in committing the crime, order that the person provide the sample required.
(3) Where it is shown that the appropriate consent required under subsection (1) for the taking of a sample of blood from a person was refused without good cause, the court, in determining —
whether to commit that person for trial in connection with the crime of which he is accused of committing;
whether there is a case to answer against that person; or
whether that person is guilty of the crime with which he has been charged,
may draw such inference from the refusal as it thinks proper and, based on such inference, may treat the refusal as corroboration or amounting to corroboration of any relevant evidence against that person.
—(1) Subject to subsections (2) and (3), any person who —
was present at the scene of a crime when it was committed; or
is being questioned in connection with the investigation of a crime,
may voluntarily consent to a body sample being taken from him for forensic DNA analysis.
(2) No body sample shall be taken from a volunteer under subsection (1) unless the appropriate consent is given for the taking of the sample.
(3) Notwithstanding subsection (2), if the consent of the parent or guardian of a volunteer who is below the age of 16 years is refused without good cause or cannot be obtained despite all reasonable efforts but the volunteer is still willing to give the body sample, the body sample may be taken from the volunteer with the sanction of a Magistrate.
—(1) For the purpose of this Part, a body sample may only be taken by —
a registered medical practitioner;
an authorised officer who has received training for the purpose; or
any other suitably qualified or trained person who is authorised by the Commissioner of Police for the purpose.
(2) Before taking any body sample under this Part, the person authorised under subsection (1) to take the sample must satisfy himself that the taking of the sample does not endanger the person from whom it is to be taken.
(3) The fact that a body sample has been taken under this Part shall be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police.
(4) Every body sample taken under this Part shall be sent to an authorised analyst for forensic DNA analysis.
(5) Where a person from whom a body sample is lawfully required under this Part refuses, without reasonable excuse, to give the sample or to allow the sample to be taken from him, or otherwise hinders or obstructs the taking of the sample from him —
that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and
the person authorised under subsection (1) to take the sample may, with such assistance as is required, use such force as is reasonably necessary for the purposes of taking the sample.
—(1) The Registrar shall maintain (whether in computerised form or otherwise) a DNA database in which shall be stored all DNA information derived from a body sample taken from a person under this Part.
(2) Any information stored in the DNA database may be used for any of the following purposes:
for forensic comparison with any other DNA information in the course of an investigation of an offence conducted by a police officer;
for any proceedings for any offence;
for administering the DNA database for the purposes of this Part; and
for such other purposes as may be prescribed.
13G. Where any body sample has been taken under section 13B(1)(a) from a person who is under arrest and accused of a crime, or under section 13D from a volunteer, and —
investigations reveal that he was not involved in the commission of any crime or, in the case of a volunteer, he is not suspected of committing any crime;
it is decided that he shall not be charged with any crime and he has neither admitted to, nor been dealt with by way of being cautioned by any police officer in respect of any crime;
the charge or all the charges against him in respect of any crime or crimes (as the case may be) is or are withdrawn;
he is discharged by a court before conviction of the crime or of all the crimes (as the case may be) with which he has been charged;
he is acquitted of the crime or of all the crimes (as the case may be) with which he has been charged, at trial or on appeal; or
the authorised officer in charge of the case shall immediately inform the Registrar of the occurrence of the relevant event and the Registrar shall immediately remove the DNA information of that person from the DNA database.