DNA Databank Orders

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 70-73

70 Police Powers / Search and Seizure / Search and Seizure with a Warrant

1.1(b)(viii) DNA Databank Orders

Time of sentencing?1

Yes

Accused guilty

of primary designated

oence in

s 487.04(a.1)–(c.01)

and (c.03)–(d)?4

Within 90 days of

sentencing?2

Yes No

Judge can

set hearing

date

No

Accused guilty of

secondary designated

oence in s 487.04?6

Accused found not

criminally responsible

of designated

oence?7

No

No order available9

No

Accused guilty of

primary designated

oence in s 487.04(a)

or (c.02)?3

No

Yes

Yes

Best interests of

justice to issue?8

Yes Yes

Yes

No

No

No order

available

Grossly

disproportionate

impact?5

No

Yes

No order available

Databank order

can be issued9