National Defence Act

Marginal note:Offences committed before DNA Identification Act in force

• Footnote ^*196.15 (1) Subject to section 196.16, if a person is found guilty of a designated offence committed before the coming into force of subsection 5(1) of the DNA Identification Act, the court martial may, on application by the prosecutor, make an order in the prescribed form authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, if the court martial is satisfied that it is in the best interests of the administration of justice to do so.

  • Return to footnote ^*[Note: Subsection 5(1) of the DNA Identification Act in force June 30, 2000, see SI/2000-60.]

• Marginal note:Criteria

  (2) In deciding whether to make the order, the court martial shall consider the nature of the offence and the circumstances surrounding its commission, any previous convictions by a service tribunal or civil court and the impact such an order would have on the privacy and security of the person and shall give reasons for its decision.