Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
69. Persons permitted to take body samples
Official textFrom Attorney General's Chambers, unchanged
A body sample may only be taken by -
body sample
"body sample" means - (a) a sample of head hair, including the roots thereof; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part, other than a private part, of a a person's body but not any other body orifice; (d) a swab taken from a person's mouth; (e) saliva; #,I an impression of any part of a person's body other than an impression of a private part or an impression of the face; (g) an intimate sample. being a body sample that is obtained by means of any invasive procedure; Syurialt Co ztrts Criminal Procedure Code…
a person registered under the Medical Practitioners and
Dentists Act (Chapter 112); or
any Religious Enforcement Oflicer or police officer suitably qualified or trained who is authorised by the Chief Religious
Enforcement Officer or Con~missioner of Police for that purpose.
Before taking a body sample. the person permitted under subsection (1) to take it must satisfy himself that such taking will not endanger the person from whom it is to be taken.
Syariah Courts 54
Cri~ninal Procedure Code
The fact that a body sample has been taken under this section shall be recorded by the person taking it in 'such form or maimer as may be required by the Chief Religious Enforcement Officer or Commissioner of
Chief Religious Enforcement Officer
"Chief Religious Enforcement Officer" means the Chief Religious Enforcement Officer appointed under section 26 of the Syariah Courts Act;
Police.
A person from whom a body sample is lawfillly required under section 68 who refuses, without reasonable excuse. to give a body sample or to allow it to be taken from him, or who otherwise hinders or obstructs the taking of a body sample is guilty of an offence under section 231 of the
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Syariah Penal Code Order. 20 1 3 (S 69/20 1 3).
Terms defined in this Act
body sample
Defined · s 70"body sample" means - (a) a sample of head hair, including the roots thereof; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part, other than a private part, of a a person's body but not any other body orifice; (d) a swab taken from a person's mouth; (e) saliva; #,I an impression of any part of a person's body other than an impression of a private part or an impression of the face; (g) an intimate sample. being a body sample that is obtained by means of any invasive procedure; Syurialt Co ztrts Criminal Procedure Code…
Chief Religious Enforcement Officer
Defined · s 2"Chief Religious Enforcement Officer" means the Chief Religious Enforcement Officer appointed under section 26 of the Syariah Courts Act;
Commissioner of Police
Defined · s 2"Commissioner of Police" means the Commissioner of Police of the Royal Brunei Police Force appointed under the Royal Brunei Police Force Act;
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
police officer
Defined · s 2"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
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