s. 464ZF (6B) If an order made by a court under subsection (2) S. 464ZF(6B) has been executed after the expiration of the inserted by No. 14/2006 appeal period in relation to the conviction for the s. 13(2). forensic sample offence and leave to appeal against the conviction is granted after the expiry of that period— (a) any sample and any related material and S. 464ZF (6B)(a) information taken may be retained by a amended by police officer pending the final determination No. 37/2014 s. 10(Sch. of the appeal against conviction; and item 36.34). (b) if, on appeal, the conviction for the forensic S. 464ZF (6B)(b) sample offence is set aside, the Chief amended by Commissioner of Police must without delay No. 68/2009 s. 97(Sch. destroy, or cause to be destroyed, any sample item 40.36). taken and any related material and information. (7) If on appeal a conviction for the forensic sample S. 464ZF(7) amended by offence is set aside, an order made by a court No. 68/2009 under subsection (2) or (3) ceases to have effect. s. 97(Sch. item 40.36). (8) A court hearing an application under subsection (2) or (3)— (a) must take into account the seriousness of the circumstances of the forensic sample offence in determining whether to make the order under subsection (2) or (3); and (b) must be satisfied that, in all the circumstances, the making of the order is justified; and (c) may make such inquiries on oath or otherwise as it considers desirable.
S. 464ZF(6B) inserted by No. 14/2006 s. 13(2). (6B) If an order made by a court under subsection (2) has been executed after the expiration of the appeal period in relation to the conviction for the forensic sample offence and leave to appeal against the conviction is granted after the expiry of that period— S. 464ZF (6B)(a) amended by No. 37/2014 s. 10(Sch. item 36.34). (a) any sample and any related material and information taken may be retained by a police officer pending the final determination of the appeal against conviction; and S. 464ZF (6B)(b) amended by No. 68/2009 s. 97(Sch. item 40.36). (b) if, on appeal, the conviction for the forensic sample offence is set aside, the Chief Commissioner of Police must without delay destroy, or cause to be destroyed, any sample taken and any related material and information. S. 464ZF(7) amended by No. 68/2009 s. 97(Sch. item 40.36). (7) If on appeal a conviction for the forensic sample offence is set aside, an order made by a court under subsection (2) or (3) ceases to have effect. s. 464ZF (8) A court hearing an application under subsection (2) or (3)— (a) must take into account the seriousness of the circumstances of the forensic sample offence in determining whether to make the order under subsection (2) or (3); and (b) must be satisfied that, in all the circumstances, the making of the order is justified; and (c) may make such inquiries on oath or otherwise as it considers desirable.