National Defence Act

Marginal note:Order

• 196.14 (1) Subject to section 196.16, if a person is found guilty of a designated offence, the court martial

  • (a) shall, subject to subsection (2), in the case of a primary designated offence, 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; or

  • (b) may, in the case of a secondary designated offence, make an order in the prescribed form authorizing the taking of such samples if the court martial is satisfied that it is in the best interests of the administration of justice to do so.

• Marginal note:Exception

  (2) The court martial is not required to make an order under paragraph (1)(a) if it is satisfied that the person has established that, were the order made, the impact on the privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

• Marginal note:Criteria

  (3) In deciding whether to make an order under paragraph (1)(b), 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.