s. 464Q 464Q Evidence of fingerprints S. 464Q inserted by (1) Evidence in respect of fingerprints taken from a No. 38/1988 s. 4, person is inadmissible as part of the prosecution amended by case in proceedings against that person for an Nos 25/1989 offence if— ss 11(g)(h), 13(a)(b), 56/1989 (a) the requirements of sections 464K to 464N s. 286(Sch. 2 have not been complied with; or item 7.14), 57/1989 (b) the fingerprints or any record, copy or s. 5(1)(g)(i)(ii), substituted by photograph of them should have been but No. 129/1993 have not been destroyed as required by s. 7. section 464O or 464P. (2) A court may admit evidence in respect of fingerprints otherwise inadmissible by reason of subsection (1)(a) if— (a) the prosecution satisfies the court on the balance of probabilities that the circumstances are exceptional and justify the reception of the evidence; or (b) the accused consents to the reception of the evidence. (3) For the purposes of subsection (2)(a), the probative value of the fingerprints is not to be regarded as an exceptional circumstance.
S. 464Q inserted by No. 38/1988 s. 4, amended by Nos 25/1989 ss 11(g)(h), 13(a)(b), 56/1989 s. 286(Sch. 2 item 7.14), 57/1989 s. 5(1)(g)(i)(ii), substituted by No. 129/1993 s. 7. 464Q Evidence of fingerprints s. 464Q (1) Evidence in respect of fingerprints taken from a person is inadmissible as part of the prosecution case in proceedings against that person for an offence if— (a) the requirements of sections 464K to 464N have not been complied with; or (b) the fingerprints or any record, copy or photograph of them should have been but have not been destroyed as required by section 464O or 464P. (2) A court may admit evidence in respect of fingerprints otherwise inadmissible by reason of subsection (1)(a) if— (a) the prosecution satisfies the court on the balance of probabilities that the circumstances are exceptional and justify the reception of the evidence; or (b) the accused consents to the reception of the evidence. (3) For the purposes of subsection (2)(a), the probative value of the fingerprints is not to be regarded as an exceptional circumstance.