71AJudge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes

1. A District Court Judge or Youth Court Judge may, on application made in accordance with this section, consent to a bodily sample taken from a person under Part 2B being retained and used by the Police as an evidential sample.

2. An application for consent under subsection (1)—

3. must be made by a constable; and
4. must be made before the sample concerned is analysed by or on behalf of the Police; and
5. must be in writing and contain—
   1. sufficient information to fairly inform the Judge of the nature of the bodily sample, the statutory authority for taking it, and the date on which it was taken; and
   2. a statement that satisfies the Judge that the sample has not been analysed; and
   3. a statement that the constable believes the sample taken from the person would tend to confirm or disprove the person's involvement in the commission of the offence and that gives the reasons for that belief; and
6. may be made without notice.

7. If the form of an application or consent under this section is not prescribed, the form must be acceptable to the court.