Interpretation of this Part
26A.—(1) In this Part, unless the context otherwise requires —“appropriate consent” means —(a)
for a person 16 years of age or older, the written consent of that person;
(b)
for a person 14 years of age or older but below 16 years of age, the written consent of both that person and of his or her parent or guardian; and
(c)
for a person below 14 years of age, the written consent of his or her parent or guardian,
given to —
(d)
a police officer or an officer of the Bureau in charge of the case; or
(e)
a prison officer,
after that officer has informed the person concerned, his or her parent or guardian or both (as the case may be) of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him or her;
“authorised analyst” means a person appointed by the Commissioner of Police to be an analyst for the purposes of this Part;
“body sample” means —(a)
a sample of blood;
(b)
a sample of head hair, including the roots thereof;
(c)
a swab taken from a person’s mouth; or
(d)
such other sample as may be prescribed under subsection (2);
“DNA” means deoxyribonucleic acid;
“DNA information” means genetic information derived from the forensic DNA analysis of a body sample;
“finger impression” includes thumb impression and palmar impression;
[Deleted by Act 26 of 2022 wef 12/06/2023]
“invasive sample” means any body sample that is obtained by means of any invasive procedure, but does not include any sample described in subsection (3);[Act 26 of 2022 wef 12/06/2023]
“particulars”, in relation to a person, means any particulars, information or description of that person that may be relevant or useful in the identification of that person;
“photograph”, in relation to a person, includes the photograph of any distinguishing feature or mark on the body of that person;
“registered medical practitioner” has the meaning given by the Medical Registration Act 1997 and includes a dentist registered under the Dental Registration Act 1999.[3/2006; 22/2007]
(2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 26B.[3/2006]
(3) The additional types of body samples that may be prescribed under subsection (2) must not include samples to be obtained from —(a)
the genital or anal area of a person’s body;
(b)
a person’s body orifice other than the mouth; or
(c)
the breast of a woman.[3/2006]
Taking of photographs, finger impressions, particulars and body samples from person convicted, subject to supervision or in approved centres
26B.—(1) Any police officer, prison officer, officer of the Bureau or person authorised by the Commissioner of Police may exercise all or any of the following powers in respect of any person mentioned in subsection (2):(a)
take or cause to be taken photographs and finger impressions of such person;
(b)
make or cause to be made a record of the particulars of such person;
(c)
cause body samples of such person to be taken by a person authorised under section 26C(1);
(d)
send any photograph, finger impression, record of particulars or body sample so taken or made to the Commissioner of Police for identification and report.[3/2006]
(2) The powers mentioned in subsection (1) may be exercised in respect of a person who on or after 1 March 2006 —(a)
is convicted of or is serving a sentence of imprisonment for an offence under section 3(2), 4(2) or 13(3);
(b)
is subject to supervision pursuant to a supervision order made at any time (whether before, on or after that date) under section 16(1) or (2); or
(c)
is in an approved centre pursuant to an order made at any time (whether before, on or after that date) under section 17(1).[3/2006]
(3) Every person mentioned in subsection (2) must —(a)
submit to the taking of his or her photographs and finger impressions under subsection (1);
(b)
provide such particulars as may be required under subsection (1); and
(c)
subject to subsection (5), submit to the taking of his or her body samples by a person authorised under section 26C(1).[3/2006]
(4) Where any person mentioned in subsection (2), without reasonable excuse, fails to comply with subsection (3) —(a)
that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and
(b)
any police officer, prison officer, officer of the Bureau or person authorised by the Commissioner of Police may use such force as is reasonably necessary to take or cause to be taken the photographs, finger impressions and body samples of that person.[3/2006]
(5) No —(a)
sample of blood; or
(b)
invasive sample prescribed under section 26A(2),
is to be taken from any person unless the appropriate consent is given for the taking of the sample.
[3/2006]
[Act 26 of 2022 wef 12/06/2023]
Further provisions for taking of body samples
26C.—(1) For the purposes of section 26B(1)(c), a body sample may only be taken by —(a)
a registered medical practitioner;
(b)
a police officer, a prison officer or an officer of the Bureau who has received training for the purpose; or
(c)
any other suitably qualified or trained person who is duly appointed in writing by the Commissioner of Police as an authorised person for the purpose.[3/2006]
(2) Before taking any body sample, the person authorised under subsection (1) to take the sample must satisfy himself or herself that the taking of the sample does not endanger the person from whom the sample is to be taken.[3/2006]
(3) The fact that a body sample has been taken must be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police.[3/2006]
(4) Every body sample taken must be sent to an authorised analyst for forensic DNA analysis.[3/2006]
Retention of photographs, finger impressions, particulars and body samples taken
26D.—(1) The Commissioner of Police must cause to be maintained —(a)
a register (whether in a computerised form or otherwise) in which is stored all photographs, finger impressions and particulars of a person taken under section 26B; and
(b)
a DNA database (whether in a computerised form or otherwise) in which is stored all DNA information derived from a body sample taken from a person under section 26B.[3/2006]
(2) Any information stored in the register and the DNA database under subsection (1) may be used for all or any of the following purposes:(a)
for comparison with any other information or any other DNA information (as the case may be) obtained in the course of an investigation of an offence conducted by a police officer or an officer of the Bureau;
(b)
for comparison with information in the register of criminals or identification database maintained under section 4 or 29 of the Registration of Criminals Act 1949 or with DNA information in the DNA database maintained under section 31 of that Act, as the case may be;[Act 26 of 2022 wef 12/06/2023]
(c)
for comparison with information or DNA information (as the case may be) in the register or DNA database, respectively, established under —(i)
section 27C of the Criminal Law (Temporary Provisions) Act 1955; or
(ii)
section 40D of the Misuse of Drugs Act 1973;
(d)
for any proceedings for any offence;
(e)
for administering the register and DNA database for the purposes of this Act;
(ea)
for any investigation into a death conducted by a police officer, a Coroner or a forensic pathologist (including a post‑mortem examination) or any inquiry into any death held by a Coroner, under the Coroners Act 2010;[Act 26 of 2022 wef 12/06/2023]
(eb)
for identifying a dead person or any part of a person;[Act 26 of 2022 wef 12/06/2023]
(ec)
for identifying a person in order to provide police assistance to the person;[Act 26 of 2022 wef 12/06/2023]
(f)
for such other purposes as may be prescribed.[3/2006]
(3) For the purposes of subsection (2)(d) —(a)
any photograph, finger impression or particulars stored in the register under subsection (1)(a);
(b)
any DNA information stored in the DNA database under subsection (1)(b); and
(c)
any certificate or report purporting to have been compiled or made from information stored in the register or DNA database maintained under subsection (1),
is, if produced from proper custody and authenticated by the signature of the Commissioner of Police or a police officer authorised by the Commissioner of Police, admissible in evidence in any proceedings without proof of signature and, until the contrary is proved, is proof of all matters contained therein.
[3/2006]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
