Criminal Investigations (Bodily Samples) Act 1995

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  • This version was replaced on 27 July 2016 to make a correction to section 76(1)(g) under section 25(1)(j)(iii) of the Legislation Act 2012.
  • Previous title has changed

Reprint as at 5 August 2013

Coat of Arms of New Zealand

Criminal Investigations (Bodily Samples) Act 1995

Public Act
 
1995 No 55
Date of assent
 
24 October 1995
Commencement
 
see section 1(2)

Act name: substituted, on 15 April 2004, by section 4(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
2AMeaning of independent adult
3Act to bind the Crown
4Application
4ADetained under sentence of imprisonment
4BApproval of agency to determine training criteria for dealing with, and device or other means for taking, buccal samples
5Authority to take bodily sample from suspect
5ARelationship to Part 2B
6Request to consent to taking of bodily sample
7Form and content of notice
8Suspect requests to persons under 17
9Consent to taking of bodily sample
10Withdrawal of consent
11Consent deemed to have been refused
12Right of suspect in custody to consult lawyer
13Application for order authorising taking of bodily sample
14Prohibition against publication of name of respondent
15Information may be withheld from respondent
16Judge may authorise bodily sample to be taken
17Further applications for suspect compulsion order
17AJudge to specify method of taking sample if further suspect compulsion order made
18Application for order authorising taking of bodily sample from person under 17
19Prohibition against publication of name of respondent under 17
20Sections 15, 17, and 17A to apply
21Appointment of lawyer to represent respondent
22Further provisions relating to appointment of lawyer for respondent
23Judge may authorise bodily sample to be taken
24Form and content of compulsion order
24AConditions included in compulsion order
24BParent or other person having care to be notified if Police suggest variation of juvenile compulsion order
24CAuthority to obtain buccal sample from suspect
24DRequest to consent to taking of buccal sample from suspect
24EPolice obligations if Part 2A request made
24FForm and content of notice
24GConsent to taking of buccal sample
24HWithdrawal of consent
24IBuccal sample to be forwarded to approved agency as soon as practicable
24JAuthority to take bodily sample from person of or over 17 years arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule
24KAuthority to take bodily sample from young person arrested or intended to be charged with relevant offence
24LRelationship to Part 2
24MInformation to be given to person
24NForm and content of notice
24OPart 2B temporary databank
24PInformation that may be kept on Part 2B temporary databank
24QRemoval of DNA profiles from Part 2B temporary databank
24RAccess to and disclosure of information on Part 2B temporary databank
24SAccess to and use of bodily samples taken under this Part
25DNA profile databank
26Information that may be kept on DNA profile databank
26ARemoval of certain DNA profiles from DNA profile databank
26BCertain young persons may apply for removal of DNA profiles from DNA profile databank
27Access to and disclosure of information on DNA profile databank
28Access to and use of bodily samples held for DNA profile databank purposes
29Authority to take bodily sample for DNA profile databank
30Request to consent to taking of bodily sample
31Form and content of notice
32Section 30 not to apply to persons under 17
33Dual requests
34Consent to taking of bodily sample
35Right of person in custody to consult lawyer
36Withdrawal of consent after sample taken
37Withdrawal of consent suspended
38Retention of sample despite withdrawal of consent
39Issue and service of databank compulsion notice
39AForm and content of databank compulsion notice
39BForm and content of databank compulsion notice issued in relation to person under age of 17 years
39CDate and place for taking of sample to be specified in databank compulsion notice
39DParent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of 17 years
40Databank compulsion notice of no effect if conviction for relevant offence quashed
41Databank compulsion notice hearing may be requested on certain grounds
41AForm and effect of request for databank compulsion notice hearing
41BObligations if databank compulsion notice hearing requested
41CAppearance at databank compulsion notice hearing
42Part 3 orders and other orders made at databank compulsion notice hearings
43Judge may vary, or impose conditions on, databank compulsion notice
43AChange of circumstances before databank compulsion notice hearing takes place or is completed
43BOrder that databank compulsion notice of no effect must be made in certain circumstances
44Further databank compulsion notice
44ACertain matters relating to further databank compulsion notice
44BJudge to specify method of taking sample if further databank compulsion notice issued
45AADate on which bodily sample to be taken
45Judge may issue warrant for arrest and detention
45AForm and effect of warrant for arrest and detention
46Person in custody to attend to give bodily sample
46APerson detained or required to remain at residence to attend to give bodily sample
47Variation by Judge on application of place and date for taking sample
48Method by which bodily sample may be taken: samples under Parts 2, 2A, and 3
48AMethod by which bodily sample may be taken: samples under Part 2B
49Persons authorised to take blood samples
49APersons authorised to take buccal samples
50Person giving sample under Part 2, 2A, or 3 entitled to have certain other persons present
50AOther person must be present when young person gives sample under Part 2B
50BFurther provision if other person chosen to be present not present when choice made
50CJudge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B
50DForm and effect of warrant issued under section 50C
51Suitably qualified persons and certain other persons, not compelled to take sample or be present
52Who may be present when bodily sample taken
52AWho must be present when suspect under age of 17 years takes own buccal sample for suspect request or Part 2A request
53Reasonable privacy to be afforded
54Procedure for taking bodily sample pursuant to compulsion order or databank compulsion notice
54AProcedure for taking bodily sample under Part 2B
55How venous sample to be dealt with
56How fingerprick sample to be dealt with
56AHow buccal sample to be dealt with
57Analysis of material found at scene, etc
58Analysis of bodily sample
59Records of analysis to be made available
60Disposal of bodily samples and identifying information obtained under Part 2
60ADisposal of bodily samples and identifying information obtained under Part 2B
61Extension of period for which sample may be retained
61ADisposal of buccal samples and identifying information obtained under Part 2A
62Disposal of bodily samples and identifying information obtained under Part 3
63Material extracted from samples to be destroyed
64Translation of notices
65No right of appeal
66Court may dispense with service
67Application of Legal Services Act 2000
68Standard of proof
69Non-attendance of persons not to affect admissibility of evidence
70Inference may be drawn from refusal to allow sample to be taken
71Information stored on DNA profile databank or obtained under Part 2B not admissible in criminal proceedings
71AJudge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes
72Other powers and abilities to take specimens from person’s body not affected
73Consent to taking of bodily sample may not be given on person’s behalf
74Payment of lawyer appointed to represent suspect
75Fees and expenses of lay advocate
76Information relating to bodily samples to be included in annual report of Police
77Offences
78Breach of compulsion order or Part 3 order not punishable as contempt
79Indemnity
80Regulations
81Rules
82Amendment to Summary Proceedings Act 1957 [Repealed]
83Transitional provision
84Savings
Reprint notes

An Act—

(a)

to make provision for the taking of bodily samples for use in criminal investigations; and

(b)

to authorise—

(i)

the establishment of a databank of information derived from the analysis of bodily samples taken from certain persons; and

(ii)

the use of information from that databank in criminal investigations; and

(c)

to provide for matters incidental thereto

Title paragraph (a): amended, on 15 April 2004, by section 3 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Title paragraph (b)(i): amended, on 15 April 2004, by section 3 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).