(a)refuses to undergo the FME; or
Section history
Section 40J — Offence for refusal to undergo FME
As in force on 30 January 2026.
Timeline 2 versions
- 26 May 2025 Act 5 of 2024
- 30 January 2026 You are here
- 17 August 2026 Latest
(1)Where an accused person is required to undergo an FME under this Division, the accused person commits an offence if the accused person, without reasonable excuse —
(b)otherwise hinders or obstructs the carrying out of the FME.
(2)An accused person commits an offence under subsection (1) regardless of whether the FME which the accused person is required to undergo is carried out by reasonable force under section 40I.
(3)Any person (other than the accused person) who, without reasonable excuse, hinders or obstructs the carrying out of the FME mentioned in subsection (1), commits an offence.
(4)Any accused person who is guilty of an offence under subsection (1) or a person who is guilty of an offence under subsection (3) shall be liable on conviction to imprisonment for a term which may extend to 7 years, or to a fine, or to both.