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Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021

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8Destruction of evidence

(1)A health board must ensure that any evidence collected during a forensic medical examination carried out by virtue of section 2(2)(b) and stored by the health board under section 6 is destroyed as soon as reasonably practicable after whichever of the following occurs first—

(a)the expiry of the period of 30 days beginning with the day of the making, by the person who underwent the examination, of a request that the evidence be destroyed, or

(b)the expiry of such period as may be specified by the Scottish Ministers in regulations.

(2)But the health board must ensure that evidence is not destroyed under subsection (1)—

(a)on the basis of a request made under paragraph (a) of that subsection if the request is withdrawn by the person who made it before the expiry of the period mentioned in that paragraph, or

(b)if subsection (3) or (4) applies.

(3)This subsection applies where—

(a)a request was made under section 9(2) before the expiry of the period mentioned in subsection (1)(a) or, as the case may be, (b) for evidence to be transferred to a constable, and

(b)at the time the period expires, the request has not been complied with.

(4)This subsection applies where a request is made under section 9(2) for evidence to be transferred to a constable—

(a)after the expiry of a period mentioned in subsection (1), and

(b)before the evidence is destroyed.

(5)But subsection (4) does not apply where the request is made at a time when it is not reasonably practicable to stop the destruction of the evidence.

(6)Regulations under subsection (1)(b) may make—

(a)different provision for different purposes,

(b)incidental, supplementary, consequential, transitional, transitory or saving provision.

(7)Regulations under subsection (1)(b) are subject to the affirmative procedure.

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