Registration of Criminals Act 1949 · 2020 Revised Edition · Part 3 · Identification of Individuals
28. Inferences against individual mentioned in section 19 from refusal of appropriate consent for invasive samples
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Where in any criminal proceeding, it is shown that the appropriate consent required under section 24 for the taking of an invasive sample from an individual under section 19 is refused without good cause, the court may in determining —
appropriate consent
“appropriate consent” means —(a)in relation to a person who has attained the age of 16 years, the consent in writing of that person;(b)in relation to a person who has not attained the age of 16 years but has attained the age of 14 years, the consent in writing of both that person and of his or her parent or guardian; and(c)in relation to a person who has not attained the age of 14 years, the consent in writing of his or her parent or guardian,given to the authorised officer in charge of the case after the person concerned or his or her parent or guardian (as the case may be) has been informed by the authorised officer of the purpose for which a body sample is required from that person and the manner by which such body sample is to be taken from him or her;
whether to commit that individual for trial in connection with the eligible crime or registrable crime of which he or she is accused of committing;
whether there is a case to answer against the individual; or
whether the individual is guilty of the eligible crime or registrable crime with which he or she has been charged,draw any inference from the refusal that the court thinks proper.
The refusal of the appropriate consent may, on the basis on the inference mentioned in subsection (1), be treated as, or as capable of amounting to, corroboration of any evidence given against that individual in relation to which the refusal is material.