s. 464S (g) where the sample or examination sought may S. 464S(1)(g) be obtained by a compulsory procedure and amended by No. 41/2004 the person refuses to undergo the procedure, s. 11(a). that an application may be made to the Magistrates' Court for an order authorising the conduct of the procedure; and (h) where the sample or examination sought may S. 464S(1)(h) inserted by be obtained by a non-intimate compulsory No. 41/2004 procedure within the meaning of section s. 11(b). 464SA and the person refuses to consent to the procedure, that a senior police officer may authorise the conduct of the procedure. (2) A member of the police force who informs a person of the matters in subsection (1)— (a) must record the giving of the information S. 464S(2)(a) amended by and the person's responses, if any, by audio No. 27/2006 recording or audiovisual recording or in s. 17(18)(a). writing signed by the person; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— (i) if the giving of the information and the S. 464S(2)(b)(i) amended by responses are recorded by audio No. 27/2006 recording or audiovisual recording, a s. 17(18)(b). copy of the recording as soon as practicable, but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and (ii) if the giving of the information and the responses are recorded in writing signed by the person, a copy of the record forthwith.
S. 464S(1)(g) amended by No. 41/2004 s. 11(a). (g) where the sample or examination sought may be obtained by a compulsory procedure and the person refuses to undergo the procedure, that an application may be made to the Magistrates' Court for an order authorising the conduct of the procedure; and S. 464S(1)(h) inserted by No. 41/2004 s. 11(b). (h) where the sample or examination sought may be obtained by a non-intimate compulsory procedure within the meaning of section 464SA and the person refuses to consent to the procedure, that a senior police officer may authorise the conduct of the procedure. (2) A member of the police force who informs a person of the matters in subsection (1)— S. 464S(2)(a) amended by No. 27/2006 s. 17(18)(a). (a) must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person; and (b) must give or send by registered post to the person or his or her legal practitioner, without charge— s. 464S S. 464S(2)(b)(i) amended by No. 27/2006 s. 17(18)(b). (i) if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable, but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and (ii) if the giving of the information and the responses are recorded in writing signed by the person, a copy of the record forthwith.
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