s. 464ZF (a) that appeal period expires; or (b) an appeal against conviction (if any) is S. 464ZF(6)(b) amended by finally determined and the conviction for the No. 14/2006 forensic sample offence is upheld— s. 13(1)(c)(ii). whichever is the later. S. 464ZF(6A) (6A) If leave to appeal against a conviction for a inserted by forensic sample offence is sought after the expiry No. 14/2006 s. 13(2). of the appeal period in relation to the conviction, an order made by a court under subsection (2) before leave to appeal is sought, if not executed before that leave is sought, must not be executed unless— (a) leave to appeal against the conviction is refused; or (b) leave to appeal against the conviction is granted and the appeal is finally determined and the conviction for the forensic sample offence is upheld. (6B) If an order made by a court under subsection (2) S. 464ZF(6B) inserted by has been executed after the expiration of the 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 information taken may be retained by a member of the police force pending the final determination of the appeal against conviction; and S. 464ZF (b) if, on appeal, the conviction for the forensic (6B)(b) sample offence is set aside, the Chief amended by No. 68/2009 Commissioner of Police must without delay s. 97(Sch. destroy, or cause to be destroyed, any sample item 40.36). taken and any related material and information.
(a) that appeal period expires; or S. 464ZF(6)(b) amended by No. 14/2006 s. 13(1)(c)(ii). (b) an appeal against conviction (if any) is finally determined and the conviction for the forensic sample offence is upheld— whichever is the later. S. 464ZF(6A) inserted by No. 14/2006 s. 13(2). (6A) If leave to appeal against a conviction for a forensic sample offence is sought after the expiry of the appeal period in relation to the conviction, an order made by a court under subsection (2) before leave to appeal is sought, if not executed before that leave is sought, must not be executed unless— s. 464ZF (a) leave to appeal against the conviction is refused; or (b) leave to appeal against the conviction is granted and the appeal is finally determined and the conviction for the forensic sample offence is upheld. 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— (a) any sample and any related material and information taken may be retained by a member of the police force 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.