National Defence Act

Marginal note:Collection of additional bodily substances

• 196.24 (1) If a DNA profile could not be derived from the bodily substances that were taken in execution of an order under section 196.14 or 196.15, a military judge may, on ex parte application in the prescribed form, within a reasonable time after it is determined that the DNA profile could not be derived, authorize, in the prescribed form, the taking of any number of additional samples of bodily substances that is required for the purpose of forensic DNA analysis.

• Marginal note:Reasons

  (2) The application shall state the reasons why a DNA profile could not be derived from the bodily substances that were taken from the person under the initial order or authorization.

• Marginal note:Collection under authorization

  (3) Samples of bodily substances shall be taken, as soon as is feasible after the authorization is granted, by

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

  • (b) 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.