that leave is sought, must not be executed unless— (a) leave to appeal against the verdict is refused; or (b) leave to appeal against the verdict is granted but the appeal is dismissed. (14) If an order made by a court under subsection (2) has been executed after the expiry of the appeal period in relation to the verdict of not guilty because of mental impairment in respect of a forensic sample offence and leave to appeal against the verdict is granted after the expiry of that period— (a) any sample and any related material and S. 464ZFAAA (14)(a) information taken may be retained by a amended by police officer but may not be used for any No. 37/2014 s. 10(Sch. purpose pending the final determination of item 36.34). the appeal against the verdict; and (b) if, on appeal, the verdict 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. (15) If on appeal a verdict of not guilty because of mental impairment is set aside, an order made by a court under subsection (2) ceases to have effect. 464ZFAA Notice to attend for forensic procedure S. 464ZFAA inserted by No. 16/2002 s. 11. (1) If a senior police officer is satisfied that— S. 464ZFAA(1) amended by No. 37/2014 (a) an order under section 464ZF(2) in respect of s. 10(Sch. a person was made— item 36.35(a)). (i) before the commencement of section 11 of the Crimes (DNA Database) Act 2002; or
that leave is sought, must not be executed unless— (a) leave to appeal against the verdict is refused; or (b) leave to appeal against the verdict is granted but the appeal is dismissed. (14) If an order made by a court under subsection (2) has been executed after the expiry of the appeal period in relation to the verdict of not guilty because of mental impairment in respect of a forensic sample offence and leave to appeal against the verdict is granted after the expiry of that period— S. 464ZFAAA (14)(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 but may not be used for any purpose pending the final determination of the appeal against the verdict; and (b) if, on appeal, the verdict 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. (15) If on appeal a verdict of not guilty because of mental impairment is set aside, an order made by a court under subsection (2) ceases to have effect. S. 464ZFAA inserted by No. 16/2002 s. 11. 464ZFAA Notice to attend for forensic procedure S. 464ZFAA(1) amended by No. 37/2014 s. 10(Sch. item 36.35(a)). (1) If a senior police officer is satisfied that— (a) an order under section 464ZF(2) in respect of a person was made— (i) before the commencement of section 11 of the Crimes (DNA Database) Act 2002; or