(1) Evidence in respect of fingerprints taken from a person is inadmissible as part of the prosecution case in proceedings against that person for an offence if—
(a) the requirements of sections 464K to 464N have not been complied with; or
(b) the fingerprints or any record, copy or photograph of them should have been but have not been destroyed as required by section 464O or 464P.
(2) A court may admit evidence in respect of fingerprints otherwise inadmissible by reason of subsection (1)(a) if—
(a) the prosecution satisfies the court on the balance of probabilities that the circumstances are exceptional and justify the reception of the evidence; or
(b) the accused consents to the reception of the evidence.
(3) For the purposes of subsection (2)(a), the probative value of the fingerprints is not to be regarded as an exceptional circumstance.
Heading preceding s. 464R inserted by No. 16/2002 s. 4(b), amended by No. 3/2019 s. 53.
Forensic procedures and DNA profile samples
S. 464R inserted by No. 38/1988 s. 4,
amended by Nos 56/1989 s. 286(Sch. 2 item 7.15), 57/1989 s. 5(1)(h), 49/1991 s. 119(1)
(Sch. 2 item 70), substituted by No. 129/1993 s. 7.