Section 9 Transfer of evidence to policeI1

(1)

This section applies—

(a)

where a forensic medical examination has been carried out following a person being referred for such an examination as mentioned in section 2(2)(a),

(b)

where—

(i)

a forensic medical examination has been carried out following a person requesting such an examination as mentioned in section 2(2)(b), and

(ii)

the person has subsequently reported the incident in connection with which the examination took place to a constable, or

(c)

where—

(i)

a forensic medical examination has been carried out following a person requesting such an examination as mentioned in section 2(2)(b),

(ii)

the health board which carried out the examination has subsequently established that the person was, at the time of the examination, under the age mentioned in that section at that time, and

(iii)

the matters mentioned in sub-paragraphs (i) and (ii) have been reported to a constable.

(2)

A constable may request the transfer to the constable of any evidence collected during the examination and stored or otherwise held by a health board which is required for the purposes of—

(a)

investigation of the incident which gave rise to the need for the examination, or

(b)

proceedings in relation to the incident.

(3)

The health board must comply with the request as soon as reasonably practicable.

F1(4)

In this section a reference to a constable includes a reference to a member of a service police force.

(5)

Where a constable of the British Transport Police or the Ministry of Defence Police has made a request under subsection (2), the health board must comply with the request as soon as reasonably practicable.

Annotations

Textual amendments

F1: S. 9(4)(5) inserted (1.4.2022) by The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (Consequential Modifications) Order 2022 (S.I. 2022/261), arts. 1(1), 4

Commencement

I1: S. 9 in force at 1.4.2022 by S.S.I. 2022/24, reg. 2