Criminal Investigations (Bodily Samples) Act 1995

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Part 2B Taking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

Part 2B: inserted, on 6 September 2010, by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Part 2B heading: amended, on 1 July 2019, by section 43(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Part 2B heading: amended, on 5 December 2011, by section 43 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

24J Authority to take bodily sample from person of or over 18 years arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

(1)

A constable may require a person who is of or over the age of 18 years to give a bodily sample if either—

(a)

the person is in the lawful custody of the Police and being detained for committing an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 and is at a Police station or at any other place being used for Police purposes; or

(b)

a constable has good cause to suspect the person of committing an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 and intends to bring proceedings against the person in respect of that offence by filing a charging document.

(2)

The sample must be taken in accordance with the procedures set out in Part 4.

(3)

If subsection (1)(b) applies, a constable may detain the person at any place—

(a)

in order for the bodily sample to be taken; and

(b)

only for the period necessary in order for the bodily sample to be taken.

Section 24J: inserted, on 6 September 2010, by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 24J heading: amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 24J heading: amended, on 1 July 2019, by section 43(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 24J heading: amended, on 5 December 2011, by section 44(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 24J(1): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 24J(1)(a): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 24J(1)(a): amended, on 5 December 2011, by section 44(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 24J(1)(b): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 24J(1)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 24J(1)(b): amended, on 5 December 2011, by section 44(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).