s. 464Z (5) If a medical practitioner, nurse, midwife or dentist S. 464Z(5) is chosen by a person under subsection (4)— amended by Nos 81/1997 s. 19(4), (a) if practicable, the forensic procedure is to be 13/2010 conducted by or in the presence of the s. 51(Sch. chosen person; and item 17.6(d)). S. 464Z(5)(b) (b) if the chosen person conducts the forensic amended by procedure, a medical practitioner, nurse or No. 81/1997 s. 19(4). dentist (as the case requires) nominated by the police must be present. (6) A sample must be taken or a physical examination must be conducted— (a) if taken or conducted by a medical S. 464Z(6)(a) amended by practitioner, nurse, midwife or dentist, in a Nos 81/1997 manner consistent with the appropriate s. 21(a), 13/2010 medical or dental standards; and s. 51(Sch. item 17.6(e)). S. 464Z(6)(ab) (ab) in the presence of a member of the police inserted by force who is present to witness the taking of No. 81/1997 the sample or the conduct of the physical s. 21(b), amended by examination, subject to subsection (9), and is No. 16/2002 of the same sex, if practicable, as the person s. 7(5)(a). from whom the sample is to be taken or who is to be examined; and (b) in circumstances affording reasonable privacy to the person from whom the sample is to be taken or who is to be examined; and (c) in the presence only of— (i) a member of the police force required S. 464Z(6)(c)(i) amended by by paragraph (ab) to be present; and No. 81/1997 s. 21(c). (ii) a person required by section 464ZA to be present; and
S. 464Z(5) amended by Nos 81/1997 s. 19(4), 13/2010 s. 51(Sch. item 17.6(d)). (5) If a medical practitioner, nurse, midwife or dentist is chosen by a person under subsection (4)— (a) if practicable, the forensic procedure is to be conducted by or in the presence of the chosen person; and S. 464Z(5)(b) amended by No. 81/1997 s. 19(4). (b) if the chosen person conducts the forensic procedure, a medical practitioner, nurse or dentist (as the case requires) nominated by the police must be present. (6) A sample must be taken or a physical examination must be conducted— S. 464Z(6)(a) amended by Nos 81/1997 s. 21(a), 13/2010 s. 51(Sch. item 17.6(e)). (a) if taken or conducted by a medical practitioner, nurse, midwife or dentist, in a manner consistent with the appropriate medical or dental standards; and S. 464Z(6)(ab) inserted by No. 81/1997 s. 21(b), amended by No. 16/2002 s. 7(5)(a). (ab) in the presence of a member of the police force who is present to witness the taking of the sample or the conduct of the physical examination, subject to subsection (9), and is of the same sex, if practicable, as the person from whom the sample is to be taken or who is to be examined; and s. 464Z (b) in circumstances affording reasonable privacy to the person from whom the sample is to be taken or who is to be examined; and (c) in the presence only of— S. 464Z(6)(c)(i) amended by No. 81/1997 s. 21(c). (i) a member of the police force required by paragraph (ab) to be present; and (ii) a person required by section 464ZA to be present; and
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