Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily sample by consent

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

30 Request to consent to taking of bodily sample

(1)

For the purposes of obtaining a DNA profile for storage on a DNA profile databank, a constable may request any person who is of or over the age of 18 years to give a bodily sample.

(2)

On making a request under subsection (1), the constable shall—

(a)

hand to the person to whom the request is made a written notice containing the particulars specified in section 31(b); and

(b)

inform the person, in a manner and in language that the person is likely to understand,—

(i)

that the purpose of the request is to obtain information that will be stored on a DNA profile databank and that may be used by the Police in the investigation of criminal offences; and

(ii)

that the person is under no obligation to give the bodily sample requested; and

(iii)

that if the person consents to the taking of the sample, the person may, at any time before the sample is taken, withdraw that consent; and

(iv)

that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and

(v)

that the sample will be analysed, and information derived from the analysis may result in the person being charged with a criminal offence; and

(vi)

that, except in certain circumstances, the person may at any time withdraw that person’s consent to the use of the bodily sample.

Section 30 heading: amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

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

Section 30(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 30(1): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 30(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 30(2)(b)(ii): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 30(2)(b)(vi): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).