(i)a physical medical examination of the accused person’s intimate parts;
Section history
Section 40I — Reasonable force to carry out FME in certain cases
As in force on 31 July 2026.
Timeline 2 versions
- 26 May 2025 Act 5 of 2024
- 31 July 2026 You are here
- 17 August 2026 Latest
(1)Where —
(a)an accused person is required to undergo an FME under this Division which does not involve —
(ii)the taking of an invasive sample from the accused person;
(iii)the taking of a body sample from the accused person’s intimate parts; or
(iv)the taking of a photograph of the accused person’s intimate parts; and
(b)the accused person —
(i)refuses, without reasonable excuse, to undergo such FME; or
(ii)otherwise hinders or obstructs the carrying out of such FME,
an authorised officer may, with such assistance as is required, use such force as is reasonably necessary for the purpose of carrying out such FME.
(2)In this section, “authorised officer” means —
(a)any police officer or auxiliary police officer;
(b)any forensic specialist; or
(c)any other person authorised by the Commissioner of Police for the purposes of this section.