a police officer, at any time after the verdict of not guilty because of mental impairment, but not later than 6 months after the final determination of an appeal against the verdict or the expiry of any appeal period in respect of the verdict (whichever is the later), may apply to the court referred to in paragraph (b) for an order permitting the retention of any sample taken and any related material and information and the court may make an order accordingly. S. 464ZFB(1B) (1B) Subsection (1A) does not apply to an offence inserted by heard and determined summarily. No. 27/2006 s. 11(2), amended by No. 68/2009 s. 97(Sch. item 40.38). (2) A court hearing an application under S. 464ZFB(2) amended by subsection (1) or (1A)— No. 27/2006 s. 11(3)(a). S. 464ZFB (a) must take into account the seriousness of the (2)(a) circumstances of the offence in determining amended by whether to make the order under No. 27/2006 s. 11(3)(b). subsection (1) or (1A), as the case requires; and (b) must be satisfied that, in all the circumstances, the making of the order is justified; and (c) may make such inquiries on oath or otherwise as it considers desirable. S. 464ZFB(2A) (2A) An order made under subsection (1) before the inserted by expiry of the appeal period in respect of the No. 16/2002 s. 13(2), conviction for the offence or the final amended by determination of an appeal against conviction No. 14/2006 (whichever is the later)— s. 14(b)(i)(ii).
a police officer, at any time after the verdict of not guilty because of mental impairment, but not later than 6 months after the final determination of an appeal against the verdict or the expiry of any appeal period in respect of the verdict (whichever is the later), may apply to the court referred to in paragraph (b) for an order permitting the retention of any sample taken and any related material and information and the court may make an order accordingly. S. 464ZFB(1B) inserted by No. 27/2006 s. 11(2), amended by No. 68/2009 s. 97(Sch. item 40.38). (1B) Subsection (1A) does not apply to an offence heard and determined summarily. S. 464ZFB(2) amended by No. 27/2006 s. 11(3)(a). (2) A court hearing an application under subsection (1) or (1A)— S. 464ZFB (2)(a) amended by No. 27/2006 s. 11(3)(b). (a) must take into account the seriousness of the circumstances of the offence in determining whether to make the order under subsection (1) or (1A), as the case requires; and (b) must be satisfied that, in all the circumstances, the making of the order is justified; and (c) may make such inquiries on oath or otherwise as it considers desirable. S. 464ZFB(2A) inserted by No. 16/2002 s. 13(2), amended by No. 14/2006 s. 14(b)(i)(ii). (2A) An order made under subsection (1) before the expiry of the appeal period in respect of the conviction for the offence or the final determination of an appeal against conviction (whichever is the later)—
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