National Defence Act

Marginal note:Information for warrant to take bodily substances for forensic DNA analysis

• 196.12 (1) A military judge, on ex parte application in the prescribed form, may issue a warrant in the prescribed form authorizing the taking for the purpose of forensic DNA analysis, from a person subject to the Code of Service Discipline, of any number of samples of bodily substances that is reasonably required for that purpose, if the military judge is satisfied by information on oath that it is in the best interests of the administration of military justice to do so and that there are reasonable grounds to believe

  • (a) that a designated offence has been committed;

  • (b) that a bodily substance has been found or obtained

    • (i) at the place where the offence was committed,

    • (ii) on or within the body of the victim of the offence,

    • (iii) on anything worn or carried by the victim at the time the offence was committed, or

    • (iv) on or within the body of any person or thing or at any place associated with the commission of the offence;

  • (c) that the person subject to the Code of Service Discipline was a party to the offence; and

  • (d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person.

• Marginal note:Criteria

  (2) In considering whether to issue the warrant, the military judge shall have regard to all relevant matters, including

  • (a) the nature of the offence and the circumstances surrounding its commission; and

  • (b) whether there is

    • (i) a peace officer who is able, by virtue of training or experience, to obtain a bodily substance from the person, or

    • (ii) another person who is able, by virtue of training or experience, to obtain under the direction of a peace officer a bodily substance from the person.