CHAPTER 08:10
FORENSIC PROCEDURES
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
Procedure for The Ordering and Carrying Out of Forensic Procedures
3. Ordering of forensic procedure
4. Consent of suspect to forensic procedure
5. Procedure for giving of consent to forensic procedure
6. Withdrawal of consent to forensic procedure
7. Regulations on medical standards
8. Court order for forensic procedure
9. Forensic procedure on child or incapable person
10. Forensic procedure on serious offender
11. Forensic procedure on volunteer
12. Intimate forensic procedure on child or incapable person
13. Assistance during forensic procedure
PART III
Handling of Forensic Material After Forensic Procedure
14. Availability of forensic material to suspect
15. Results of forensic procedure
16. Retention and storage of forensic material or information
17. Management of forensic material
18. Retention of electronic record
PART IV
Admissibility of Evidence
19. Forensic evidence obtained properly
20. Inadmissibility of material due to be destroyed
21. Evidence relating to consent
22. Evidence relating to carrying out of forensic procedure
PART V
Access to and Use of Information on National DNA Database System
23. Establishment of DNA Database
24. Accessing NDD
25. Appointment of authorised officers
26. Removal of information from NDD
27. Matching of profiles
PART VI
Establishment of National DNA Database Advisory Board
28. Establishment of Board
29. Functions and powers of Board
30. Membership of Board
31. Disqualification of member
32. Removal and resignation of member
33. Meetings of Board
34. Remuneration
35. Disclosure of interest
36. Confidentiality
PART VII
General
37. Designation of laboratories, etc.
38. Disclosure of information
39. Liability for forensic procedures
40. Offences and penalties
41. Access with intent to commit an offence
42. Unauthorised interference with data
43. Unauthorised interference with computer or computer system
44. Unlawful interception of data
45. Sharing of information by Minister
46. Regulations
47. Transitional provisions
Act 31, 2014,
S.I. 142, 2014.
AN ACT to provide for the procedures for obtaining forensic material; the retention, storage and disposal of forensic material and the use of forensic material for scientific analysis during criminal or other investigations; the establishment of National DNA database system and National DNA database Advisory Board and connected matters.
[Date of Commencement: 1st January, 2015]
PART I
Preliminary (ss 1- 2)
This Act may be cited as the Forensic Procedures Act.
In this Act, unless the context otherwise requires—
"authorised applicant" means—
(a) the police officer in charge of a police station;
(b) the police officer investigating the crime in relation to which the forensic procedure is required; or
(c) the Director of Public Prosecutions;
"authorised person" means—
(a) a person registered as a medical practitioner or health care professional under the Cap. 61:02 Botswana Health Professions Act;
(b) scene of crime officer;
(c) forensic officer;
(d) wildlife expert; or
(e) any other expert who collects forensic material;
"Board" means the National DNA Database Advisory Board of Botswana established under section 23;
"Commissioner" means the Commissioner of Police;
"consent" means informed consent;
"child" means a person under the age of 18 years;
"DNA" means Deoxyribonucleic acid;
"forensic material" means—
(a) a sample taken from—
(i) a person’s body,
(ii) a crime scene,
(iii) items linked to a crime, or
(iv) a scene or items linked to a scene
(b) a handprint, fingerprint, footprint or toe-print taken of a person from a crime scene or items linked to the crime or any other place linked to the matter under investigation;
(c) a photograph or video recording of—
(i) a person at a crime scene or any other scene,
(ii) a crime scene or any other scene,
(iii) items linked to the crime or any matter under investigation, or
(iv) items linked to the crime scene or any other scene;
(d) an audio recording; or
(e) a cast or impression taken from a person;
"forensic procedure" means any process or action necessary for, and related to the collection of forensic material;
"intimate forensic procedure" means—
(a) an external examination of the—
(i) genital area,
(ii) anal area,
(iii) buttocks, or
(iv) breasts, in the case of a female;
(b) the internal examination of any part of the body;
(c) the taking of a sample of blood or urine;
(d) the taking of a sample of pubic hair;
(e) the taking from a corpse a sample of—
(i) tissue,
(ii) the liver,
(iii) the kidney,
(iv) the heart,
(v) the lungs,
(vi) the brain, or
(vii) any other internal organ;
(f) the taking of a sample by swab or washing from the—
(i) genital area,
(ii) anal area, or
(iii) buttocks;
(g) the taking of a sample by—
(i) vacuum suction,
(ii) scraping, or
(iii) lifting by tape,
from the genital area, anal area or buttocks
(h) the taking of a dental impression; or
(i) the taking of a photograph of, or an impression or cast of, a wound from—
(i) the genital area,
(ii) the anal area,
(iii) the buttocks, or
(iv) the breasts, in the case of a female;
"incapable person" means a person who is unable to give consent for the performance of a forensic procedure on his or her body because of immaturity or unsoundness of mind;
"investigating officer" means the police officer in charge of an investigation into the commission of an offence in relation to which a forensic procedure is carried out or proposed to be carried out;
"member" means member of the Board appointed in accordance with section 30;
"non-intimate forensic procedure" means—
(a) an examination of any part of the body, other than—
(i) the genital area,
(ii) the anal area,
(iii) the buttocks, or
(iv) the breasts, in the case of a female,
that requires touching of the body or the removal of clothing;
(b) the taking of fingerprints;
(c) the taking of a sample—
(i) of hair other than pubic hair,
(ii) from a nail or under a nail,
(iii) of saliva or a sample by buccal swab,
(iv) by vacuum suction,
(v) by scraping or by lifting by tape from any external part of the body, other than the genital or anal areas, the buttocks or, the breasts, in the case of a female; or
(vi) by swab or washing from any external part of the body, other than the genital area, the anal area, the buttocks, or the breasts, in the case of a female; or
(d) the taking of a photograph of, or an impression or cast of a wound from, any part of the body other than—
(i) the genital area,
(ii) the anal area,
(iii) the buttocks, or
(iv) the breasts, in the case of a female;
"serious offender" means a person who is charged with an offence which is punishable by—
(a) a term of imprisonment of three or more years;
(b) imprisonment for life; or
(b) death;
"suspect" means—
(a) a person who is charged with an offence;
(b) a child or incapable person charged with an offence;
(c) a person who is summoned to appear before a court for an offence under this Act; or
(d) a person who is believed on reasonable grounds to have committed an offence; and
"volunteer" means—
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