Criminal Investigations (Bodily Samples) Act 1995

7 Form and content of notice

Subject to section 8, every notice given pursuant to section 6(2)(a)

(a)

shall be in the prescribed form; and

(b)

shall contain the following particulars:

(i)

a statement that it is believed that the suspect has or may have committed an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 and is being requested to consent to the taking of a bodily sample:

(ii)

a statement that there are reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of that offence:

(iii)

a statement that the suspect is under no obligation to give the sample:

(iv)

a statement that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent:

(v)

a statement that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample:

(vi)

a statement that unless, within the period of 48 hours after the request is made, the suspect consents to the taking of the sample, the suspect shall be deemed to have refused to consent to the taking of the sample:

(vii)

a statement that the sample will be analysed and may provide evidence that may be used in criminal proceedings:

(viii)

a statement that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, an application may be made to a District Court Judge for an order requiring the suspect to give a bodily sample:

(ix)

a summary of the provisions of sections 48, 49, and 49A relating to the procedure for taking the sample:

(x)

a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect’s own choice:

(xi)

a summary of the provisions of sections 55, 56, 56A, and 59 relating to the procedures for the analysis of that sample and the disclosure of the results of the analysis:

(xii)

a statement that the sample, and any information derived from any analysis of the sample, will be held by or on behalf of the Police:

(xiii)

a statement that if the suspect is convicted of the offence in respect of which the sample is taken, or a related offence, information derived from any analysis of the sample will be held on a DNA profile databank:

(xiv)

a reference to the provisions of section 60 relating to the destruction of the sample and of any information derived from any analysis of the sample:

(xv)

such other particulars as may be prescribed.

Section 7(b)(i): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 7(b)(i): amended, on 5 December 2011, by section 35(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 7(b)(i): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 7(b)(viii): amended, on 5 December 2011, by section 35(2)(a) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 7(b)(viii): amended, on 5 December 2011, by section 35(2)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 7(b)(viii): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 7(b)(ix): amended, on 15 April 2004, by section 10(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 7(b)(x): substituted, on 15 April 2004, by section 10(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 7(b)(xi): amended, on 15 April 2004, by section 10(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 7(b)(xiii): amended, on 5 December 2011, by section 35(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).