Criminal Investigations (Bodily Samples) Act 1995

8 Suspect requests to persons under 18

(1)

Nothing in section 6

(a)

applies in respect of a suspect who is a child or was a child at the time the offence in relation to which the request is made was committed; or

(b)

makes a person of the kind referred to in paragraph (a) capable of consenting to the taking of a bodily sample in response to a request made under that section.

(1A)

However, a suspect who is a child, or was a child at the time the offence is alleged to have been committed, may consent to the taking of a buccal sample as a result of a Part 2A request if, in accordance with section 272 of the Oranga Tamariki Act 1989, he or she may not be lawfully prosecuted under the Criminal Procedure Act 2011 for that offence.

(2)

Where a suspect request is made under section 6 to a suspect who is of or over the age of 14 years but under 18 years, that section and section 7 shall apply subject to the following modifications:

(a)

the constable who makes the suspect request shall take all reasonable steps to ensure that a copy of the notice required by section 6(2)(a) to be handed to the suspect is also given to a parent of the suspect; and

(b)

the constable who makes the suspect request shall, in addition to informing the suspect of the matters specified in section 6(2)(b), inform the suspect—

(i)

that the bodily sample cannot be taken from the suspect unless both the suspect and a parent of the suspect consent to the taking of the sample; and

(ii)

that no parent of the suspect is under any obligation to consent to the taking of the sample; and

(c)

the notice required by section 6(2)(a) to be handed to the suspect shall, in addition to the particulars specified in section 7(b), contain the following particulars:

(i)

a statement that the bodily sample cannot be taken from the suspect unless both the suspect and a parent of the suspect consent to the taking of the sample:

(ii)

a statement that no parent of the suspect is under any obligation to consent to the taking of the sample:

(iii)

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

(iv)

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

(v)

a statement that a bodily sample may be taken in the presence of a parent:

(vi)

a summary of section 52A relating to who must be present if the suspect takes a buccal sample himself or herself; and

(d)

the notice required by section 6(2)(a) to be handed to the suspect shall, instead of the particulars specified in section 7(b)(vi), contain a statement that unless, within the period of 48 hours after the request is made, both the suspect and a parent of the suspect consent to the taking of the sample, the suspect shall be deemed to have refused to consent to the taking of the sample.

Section 8(1): substituted, on 15 April 2004, by section 11(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 8 heading: amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 8(1A): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 8(1A): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 8(2): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 8(2)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 8(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 8(2)(b)(i): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 8(2)(c)(i): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 8(2)(c)(iv): amended, on 15 April 2004, by section 11(2)(a) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 8(2)(c)(v): added, on 15 April 2004, by section 11(2)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 8(2)(c)(vi): added, on 15 April 2004, by section 11(2)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).