[Rev. 2012] (c) Penal Code CAP. 63 is, in any other case, guilty of a misdemeanour. (2) If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody. SAMPLING FOR DNA IDENTIFICATION 122A. Senior police officer may order DNA sampling procedure on suspect (1) A police officer of or above the rank of inspector may by order in writing require a person suspected of having committed a serious offence to undergo a DNA sampling procedure if there are reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that the suspect committed the alleged offence. (2) In this section— “DNA sampling procedure” means a procedure, carried out by a medical practitioner, consisting of— (a) the taking of a sample of saliva or a sample by buccal swab; (b) the taking of a sample of blood; (c) the taking of a sample of hair from the head or underarm; or (d) the taking of a sample from a fingernail or toenail or from under the nail, for the purpose of performing a test or analysis upon the sample in order to confirm or disprove a supposition concerning the identity of the person who committed a particular crime; “serious offence” means an offence punishable by imprisonment for a term of twelve months or more. [Act No. 5 of 2003, s. 14.] 122B. Suspect to comply with order Where a suspect in respect of whom an order has been made under section 122A resists compliance with the order, members of the police force, under supervision of an officer of or above the rank of inspector, shall be entitled to use reasonable force in restraining the suspect for the purpose of effecting the procedure. 122C. Suspect may volunteer (1) Nothing in section 122A shall be construed as preventing a suspect from undergoing a procedure by consent, without any order having been made: Provided that every such consent shall be recorded in writing signed by the person giving the consent. (2) Such consent may, where the suspect is a child or an incapable person, be given by the suspect’s parent or guardian. [Act No. 5 of 2003, s. 14.] P6-53 [Issue 1]