(1) In this Act, unless the context otherwise requires,—

(2) For the purposes of this Act, 2 offences are related to one another if the elements of the 2 offences comprise substantially the same act or omission.

For the purpose of this Act, independent adult,—

• (a) in relation to a suspect under the age of 17 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A request and who has elected to take a buccal sample himself or herself, means,—

  • (i) if a parent or other person having the care of the suspect is present under section 50(1)(b), that parent or person; or

  • (ii) if a person referred to in subparagraph (i) is not present but the suspect, or, if section 50(3) applies, the suspect's parent or other person having care of the suspect, has chosen to have a lawyer or other person present under section 50(1)(a), that lawyer or other person; or

  • (iii) if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008,—

    • (A) chosen by the suspect; or

    • (B) if the suspect fails or refuses to choose, chosen by a constable:

• (b) in relation to a young person from whom a bodily sample is being taken under Part 2B, means—

  • (i) if a parent or other person having the care of the young person is present under section 50A(2)(b), that parent or person; or

  • (ii) if a person referred to in subparagraph (i) is not present but the young person, or, if section 50A(4) applies, the young person's parent or other person having care of the young person has chosen to have a lawyer or other person present under section 50A(2)(a), that lawyer or other person; or

  • (iii) if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008,—

    • (A) chosen by the young person; or

    • (B) if the young person fails or refuses to choose, chosen by a constable.

This Act binds the Crown.

(1) This Act applies to the investigation of offences committed, or believed to have been committed, before or after the commencement of this Act.

(2) Part 3 applies to—

• (a) convictions entered after the commencement of this Act; and

• (b) convictions entered before the commencement of this Act if, and only if, the person in relation to whom the conviction was entered is, on the date of commencement of section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003, detained under a sentence of imprisonment in relation to that conviction.

(3) Despite subsection (2), nothing in Part 3 applies to any conviction entered before the commencement of section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 for any—

• (a) offence against any of the provisions listed in Part 2 of the Schedule; or

• (b) attempt to commit an offence against any of the provisions listed in Part 1 or Part 2 of the Schedule unless the offence is itself specified as an attempt in Part 1 of the Schedule; or

• (c) conspiracy to commit an offence against any of the provisions listed in Part 1 or Part 2 of the Schedule; or

• (d) offence punishable by a term of imprisonment of 7 years or more unless it is an offence listed in Part 1 of the Schedule; or

• (e) attempt to commit an offence of the kind referred to in paragraph (d) unless the offence is itself specified as an attempt in Part 1 of the Schedule; or

• (f) conspiracy to commit an offence of the kind referred to in paragraph (d).

(1) For the purposes of section 4 and Part 3, a person is detained under a sentence of imprisonment if he or she has been convicted of a relevant offence and in relation to that offence he or she is detained under a sentence of imprisonment—

• (a) in a prison; or

• (b) in a residence administered by the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or

• (c) in, or on leave from, a hospital—

  • (i) under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1993; or

  • (ii) following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1993; or

  • (iii) under an order under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003; or

• (d) in, or on leave from, a secure facility—

  • (i) following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

  • (ii) under an order under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

(2) To avoid doubt, a person is detained under a sentence of imprisonment under subsection (1) if he or she is detained in any manner described in that subsection,—

• (a) under cumulative sentences of imprisonment (treated as 1 term under section 92(2) of the Criminal Justice Act 1985) or a notional single sentence (as that term is defined under section 4(1) of the Parole Act 2002), a sentence of imprisonment within which, or a component of which, is for a relevant offence, whether or not he or she has—

  • (i) reached the start date of the sentence or component that relates to the relevant offence; or

  • (ii) passed the release date of the sentence or component that relates to the relevant offence; or

• (b) under a concurrent sentence of imprisonment imposed on him or her before he or she was released from an earlier sentence of imprisonment imposed for a relevant offence.

(3) To avoid doubt, a person is not detained under a sentence of imprisonment under subsection (1) if he or she has been convicted of a relevant offence and in relation to that offence he or she is—

• (a) serving a sentence of imprisonment by way of home detention; or

• (ab) subject to residential restrictions imposed under section 15 of the Parole Act 2002

• (b) detained in a prison subject to an interim recall order.

(1) The Minister of Justice may, by notice in the Gazette, approve the following:

• (a) an agency to determine the training criteria for persons taking, supervising the taking of, or dealing with buccal samples:

• (b) a device for taking, or other means of providing, buccal samples.

(2) A notice issued under this section is deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

Subject to section 72, in any criminal investigation in respect of an offence committed or believed to have been committed, a bodily sample may be taken from a suspect, for the purposes of that investigation, on behalf of any constable only if—

• (a) the offence is an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and

• (b) either,—

  • (i) in the case of a suspect who is of or over the age of 17 years, the suspect consents to the taking of that sample in accordance with section 9; or

  • (ii) in the case of a suspect who is of or over the age of 14 years but under 17 years, both the suspect and a parent of the suspect consent to the taking of that sample in accordance with section 9; or

  • (iii) the sample is taken under and in accordance with a suspect compulsion order or a juvenile compulsion order; and

• (c) the sample is taken in accordance with the procedures set out in Part 4.

The authority in this Part to take, or order the taking of, a bodily sample from a person in respect of an offence is not limited by the fact that a bodily sample has been taken from that person under Part 2B (whether in respect of that offence or a different offence).

(1) Subject to section 8, for the purposes of any criminal investigation in respect of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule committed or believed to have been committed, a constable may request any suspect to give a bodily sample if that constable has reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of the offence.

(2) Subject to section 8, on making a request under subsection (1) of this section, the constable shall—

• (a) hand to the suspect to whom the request is made a written notice containing the particulars specified in section 7(b); and

• (b) inform the suspect, in a manner and in language that the suspect is likely to understand,—

  • (i) of the offence in respect of which the request is made; and

  • (ii) that the constable has reasonable grounds to believe that analysis of a bodily sample taken from the suspect would tend to confirm or disprove the suspect’s involvement in the commission of that offence; and

  • (iii) that the suspect is under no obligation to give the sample; and

  • (iv) 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; and

  • (v) that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and

  • (vi) that the sample will be analysed and may provide evidence that may be used in criminal proceedings; and

  • (vii) 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, and that offence is an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, an application may be made to a District Court Judge for an order requiring the suspect to give a bodily sample.

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 the Schedule 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.

(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 may, in relation to an indictable offence, consent to the taking of a buccal sample as a result of a Part 2A request if the suspect is a child, or was a child, at the time the offence is alleged to have been committed, and cannot lawfully be prosecuted in relation to the offence because it is not an offence of any of the following kinds:

• (a) the offence of murder or manslaughter:

• (b) an indictable offence (other than murder or manslaughter)—

  • (i) that is alleged to have been committed when the suspect was aged 12 or 13 years; and

  • (ii) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:

• (c) an indictable offence (other than murder or manslaughter)—

  • (i) that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)(c) of the Children, Young Persons, and Their Families Act 1989 a previous offender under section 272(1A) or (1B) of that Act; and

  • (ii) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.

(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 17 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.

(1) No consent to the taking of a bodily sample in response to a suspect request shall be valid unless—

• (a) it is in writing and signed by the person giving the consent; or

• (b) it is given orally and recorded on a video record.

(2) Where any such consent is in writing, the consent shall be signified on the notice required by section 6(2)(a) to be handed to the suspect at the time of the making of the suspect request, or on a copy of that notice.

(3) Where any such consent is recorded on a video record, the video record must clearly show,—

• (a) in the case of a consent given by a suspect,—

  • (i) the making of the suspect request to the suspect; and

  • (ii) the handing to the suspect of the notice required by section 6(2)(a) of this Act; and

  • (iii) the giving of consent to the taking of the sample:

• (b) in the case of a consent given by a parent of a suspect,—

  • (i) the giving to that person of the copy of the notice required by section 6(2)(a), as required by section 8(2)(a), or an acknowledgement by that person that a copy of that notice has been so given to him or her; and

  • (ii) the giving of consent to the taking of a sample from the suspect.

(1) Where any person consents to the taking of a bodily sample in response to a suspect request,—

• (a) that person may, at any time before the sample is taken, withdraw that consent, either orally or in writing; and

• (b) on any such withdrawal, the suspect to whom the suspect request was made shall be deemed to have refused to consent to the taking of the sample.

(2) Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable as soon as practicable.

For the purposes of sections 13, 16, 18, and 23, on the expiry of the period of 48 hours after a request is made under section 6 to a suspect, that suspect shall be deemed to have refused to consent to the taking of a bodily sample in response to that request unless, within that period,—

• (a) in the case of a suspect request made to a person who is of or over the age of 17 years, that suspect has so consented; or

• (b) in the case of a suspect request made to a person who is under the age of 17 years, both—

  • (i) that suspect; and

  • (ii) a parent of that suspect—

  have so consented.

(1) Subject to subsection (2), every suspect to whom a suspect request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request.

(2) Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary—

• (a) to prevent the suspect from escaping; or

• (b) to ensure the safety of the suspect or any other person; or

• (c) to prevent the suspect from damaging any property.

(1) An application may be made in accordance with this section to a District Court Judge for an order requiring a suspect who is of or over the age of 17 years to give a bodily sample in any case where—

• (a) there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and

• (b) the suspect has refused to consent to the taking of a bodily sample in response to a suspect request made in respect of that offence, or a related offence.

(2) Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector, in writing and on oath, and shall set out the following particulars:

• (a) the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule:

• (b) the reasons why it is considered necessary to obtain a suspect compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily sample taken from the respondent would tend to confirm or disprove the respondent’s involvement in the commission of the offence:

• (c) where possible, the type of analysis that is likely to be required in respect of the bodily sample sought from the respondent, having regard to the nature of the material (being material of the kind referred to in paragraph (b) of section 16(1)) found in any of the circumstances referred to in that paragraph.

(3) Subject to section 15, where an application is made under this section,—

• (a) the applicant shall serve notice of the application on the respondent; and

• (b) both the applicant and the respondent are entitled to appear and to adduce evidence at the hearing of the application.

(4) In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law.

(1) Where an application is made under section 13, no person shall publish, in any report or account relating to any proceedings on that application, the name of the respondent, or any name or particulars likely to lead to the identification of the respondent, unless—

• (a) a District Court Judge, by order, permits such publication; or

• (b) subject to subsection (2), at the time of the publication of the report or account, the respondent is charged with the offence to which the application relates, or a related offence.

(2) Nothing in subsection (1)(b) applies where there is in force in respect of the respondent, in relation to the offence to which the application relates or a related offence, any order of any court the effect of which is to prohibit the publication of any name or particulars likely to lead to the identification of the respondent.

(3) Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings.

(1) Where an application is made under section 13, a District Court Judge may, on the ex parte application of the applicant, order that any information included in the application made under section 13 shall not be disclosed to the respondent, and that information is not required to be included in the notice given to the respondent pursuant to subsection (3)(a) of that section.

(2) On the hearing of any application made under section 13, the Judge may, on the application of the applicant, order that any evidence to be tendered on behalf of the applicant may be tendered in writing, and shall not be disclosed to the respondent. An application for such an order shall be heard in the absence of the respondent.

(3) A Judge may not make an order under subsection (1) or subsection (2) in relation to any information or evidence unless the Judge is satisfied—

• (a) that the disclosure of that information or evidence to the respondent would be likely—

  • (i) to identify, or lead to the identification of, any constable whose identity is being concealed, or was concealed, for the purposes of the investigation of any offence relevant to the application; or

  • (ii) to endanger the safety of any person; or

  • (iii) to substantially prejudice the investigation of the offence to which the application relates, or any other offence; and

• (b) that the withholding of the information or evidence from the respondent would not be contrary to the interests of justice.

(4) Where, pursuant to an order made under subsection (1) of this section, any information is omitted from the notice served on the respondent pursuant to section 13(3)(a), the notice shall include a statement that information has been omitted from the notice pursuant to such an order.

(5) Notwithstanding any enactment or rule of law or rules of court entitling any party to any proceedings to demand the production of any documents, the respondent shall not be entitled to demand the production, for the purposes of the proceedings on the application made under section 13, of any document that contains information or evidence withheld from the respondent pursuant to an order made under subsection (1) of this section; but if any such document would, apart from this subsection, be required to be made available to the respondent, that document may be made available by making a copy of the document available with such deletions or alterations as are necessary.

(6) Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of—

• (a) the disclosure of evidence tendered in any judicial proceedings; or

• (b) the publication of reports or particulars relating to any such proceedings.

(1) On the hearing of an application for a suspect compulsion order, a District Court Judge may make an order requiring the respondent to give a bodily sample if the Judge is satisfied that—

• (a) there is good cause to suspect that the respondent (being a person who is of or over the age of 17 years) has committed the offence to which the application relates; and

• (b) material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—

  • (i) at the scene of the offence; or

  • (ii) on the victim of the offence; or

  • (iii) from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or

  • (iv) on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or

  • (v) on any person or thing reasonably believed to have been associated with the commission of the offence; and

• (c) there are reasonable grounds to believe that analysis of a bodily sample taken from the respondent would tend to confirm or disprove the respondent’s involvement in the commission of the offence; and

• (d) the respondent has refused to consent to the taking of a bodily sample in response to a suspect request made in respect of the offence, or a related offence; and

• (e) in all the circumstances, it is reasonable to make the order.

(2) In considering whether or not to make a suspect compulsion order, the Judge shall have regard to—

• (a) the nature and seriousness of the offence to which the application relates; and

• (b) any reasons given by the respondent for opposing the making of the order sought; and

• (c) any evidence regarding the importance, to the investigation of the offence, of obtaining a bodily sample from the respondent; and

• (d) any other matter that the Judge considers relevant.

(3) Without limiting the generality of subsection (2), in considering whether or not to make a suspect compulsion order, the Judge shall also have regard to the following matters:

• (a) whether or not the respondent has offered, or been given an opportunity, to give a specimen from his or her body (other than a bodily sample) from which a DNA profile may be obtained for the purpose of confirming or disproving the respondent’s involvement in the commission of the offence to which the application relates, or a related offence:

• (b) if such an offer has been made, or such an opportunity has been given, whether or not the respondent has given such a specimen:

• (c) if the respondent has given such a specimen, whether or not a suitable DNA profile has been obtained from that specimen for the purpose referred to in paragraph (a).

(4) Where the Judge adjourns the hearing of any proceedings on an application for a suspect compulsion order for the purpose of giving the respondent an opportunity to give, by consent, a specimen from his or her body (including a bodily sample) from which a DNA profile may be obtained for the purpose of confirming or disproving the respondent’s involvement in the commission of the offence to which the application relates, the period of the adjournment shall be only for as long as the Judge considers reasonably necessary for the purpose of giving the respondent that opportunity.

(1) Nothing in this Act—

• (a) prohibits the making of an application under section 13 for a suspect compulsion order in respect of an offence; or

• (b) prohibits a Judge from making a suspect compulsion order in respect of an offence—

merely because such an order has previously been sought or made in respect of that offence, whether or not the previous application or order related to the same person.

(2) Notwithstanding anything in this section or in section 16, where a further application for a suspect compulsion order is made under section 13 in respect of an offence in relation to which a previous application under section 13 has been made, the Judge may refuse to make the order sought if he or she is satisfied that the further application is vexatious or an abuse of the process of the court.

(1) If a Judge decides to make a further suspect compulsion order in respect of a person against whom a previous suspect compulsion order has been made for the same offence, the Judge must specify in the order the method by which a bodily sample is to be taken.

(2) In determining the method by which a bodily sample is to be taken, the Judge must have regard to—

• (a) any view expressed by the constable who is of or above the level of position of inspector who is making the application regarding which of the 3 methods should be used; and

• (b) any view expressed by the respondent regarding which of the 3 methods should be used.

(1) An application may be made in accordance with this section to a District Court Judge for an order requiring a suspect who is under the age of 17 years to give a bodily sample in any case where—

• (a) there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and

• (b) the suspect may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,—

  • (i) the offence of murder or manslaughter; or

  • (ii) an offence (other than murder or manslaughter)—

    • (A) that is alleged to have been committed when the suspect was aged 12 or 13 years; and

    • (B) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or

  • (iii) an offence (other than murder or manslaughter)—

    • (A) that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)(c) of the Children, Young Persons, and Their Families Act 1989 a previous offender under section 272(1A) or (1B) of that Act; and

    • (B) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and

• (c) in the case of a suspect who was of or over the age of 14 years at the time the offence in relation to which the application is made was committed,—

  • (i) a suspect request has been made to the suspect in respect of that offence, or a related offence; but

  • (ii) consent to the taking of a bodily sample in response to the request has been refused, either by the suspect or by a parent of the suspect, or both.

(2) Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector, in writing and on oath, and shall set out the following particulars:

• (a) the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule:

• (b) the reasons why it is considered necessary to obtain a juvenile compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily sample taken from the respondent would tend to confirm or disprove the respondent’s involvement in the commission of the offence:

• (c) where possible, the type of analysis that is likely to be required in respect of the bodily sample sought from the respondent, having regard to the nature of the material (being material of the kind referred to in paragraph (d) of section 23(1)) found in any of the circumstances referred to in that paragraph.

(3) Subject to section 15 (as applied by section 20), where an application is made under this section for a juvenile compulsion order,—

• (a) the applicant shall serve notice of the application on—

  • (i) the respondent; and

  • (ii) a parent or other person having the care of the respondent; and

  • (iii) where a lay advocate is for the time being appointed in respect of the respondent under section 326 of the Children, Young Persons, and Their Families Act 1989, that lay advocate; and

• (b) the following persons are entitled to appear and to adduce evidence at the hearing of the application:

  • (i) the applicant:

  • (ii) the respondent:

  • (iii) any lawyer who represents the respondent:

  • (iv) any person who is a parent of, or who has the care of, the respondent:

  • (v) any lawyer representing any person referred to in subparagraph (iv):

  • (vi) any person on whom notice of the application is served pursuant to paragraph (a)(iii):

  • (vii) with the leave of a District Court Judge, any other person.

(4) In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law.

(1) Where an application is made under section 18, no person shall publish, in any report or account relating to any proceedings on the application,—

• (a) the name of the respondent or the parents or any person having the care of the respondent; or

• (b) any other name or particulars likely to lead to the identification of the respondent.

(2) Nothing in subsection (1) shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings.

(1) Section 15 shall apply in relation to—

• (a) an application made under section 18; and

• (b) the hearing of such an application—

as if it were an application made under section 13, and, in any such case, any order made under subsection (1) or subsection (2) of section 15 may apply not only in respect of the respondent but also in respect of any other person on whom notice of the application is required to be served or who is entitled to appear at the hearing.

(2) Section 17 and section 17A shall apply in respect of applications made under section 18 as if they were applications made under section 13.

(1) Where an application is made under section 18, then unless—

• (a) the respondent is already represented by a lawyer in the proceedings; or

• (b) the Judge is satisfied that legal representation has been arranged, or will be arranged, for the respondent in the proceedings,—

the Judge shall appoint a lawyer to represent the respondent in the proceedings.

(2) Where a Judge appoints a lawyer under subsection (1), the Judge shall, so far as practicable, appoint a lawyer who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the respondent.

(3) Where,—

• (a) pursuant to subsection (1), a Judge is required to appoint a lawyer to represent a respondent in any proceedings; and

• (b) a lawyer has been appointed, pursuant to section 323 of the Children, Young Persons, and Their Families Act 1989, to represent the respondent in any proceedings,—

the Judge shall, where possible, appoint that lawyer under this section to represent the respondent.

(1) A lawyer appointed pursuant to section 21 to represent a respondent in any proceedings on an application made under section 18 shall have, in relation to the representation of that respondent in those proceedings, the same rights, powers, duties, privileges, and immunities that the lawyer would have had if he or she had not been appointed pursuant to section 21 but had been retained by that respondent to provide legal representation.

(2) Where a lawyer is appointed pursuant to section 21 to represent a respondent in any proceedings on an application made under section 18, that lawyer shall, if the respondent agrees, be entitled to represent that respondent,—

• (a) in any proceedings in respect of any warrant issued pursuant to section 45 in respect of the respondent:

• (b) where a juvenile compulsion order is made in respect of the respondent, in any proceedings on an application made under section 47 in respect of the order.

(1) On the hearing of an application for a juvenile compulsion order, a Judge may make an order requiring the respondent to give a bodily sample if the Judge is satisfied that—

• (a) there is good cause to suspect that the respondent (being a person who is under the age of 17 years) has committed the offence to which the application relates; and

• (b) the respondent may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,—

  • (i) the offence of murder or manslaughter; or

  • (ii) an offence (other than murder or manslaughter)—

    • (A) that is alleged to have been committed when the respondent was aged 12 or 13 years; and

    • (B) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or

  • (iii) an offence (other than murder or manslaughter)—

    • (A) that is alleged to have been committed when the respondent was aged 12 or 13 years, and was for the purposes of section 272(1)(c) of the Children, Young Persons, and Their Families Act 1989 a previous offender under section 272(1A) or (1B) of that Act; and

    • (B) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and

• (c) where the respondent was of or over the age of 14 years at the time the offence in relation to which the application is made was committed,—

  • (i) a suspect request has been made to the respondent in respect of that offence, or a related offence; and

  • (ii) consent to the taking of a bodily sample in response to the request has been refused, either by the respondent or by a parent of the respondent, or both; and

• (d) material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—

  • (i) at the scene of the offence; or

  • (ii) on the victim of the offence; or

  • (iii) from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or

  • (iv) on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or

  • (v) on any person or thing reasonably believed to have been associated with the commission of the offence; and

• (e) there are reasonable grounds to believe that analysis of a bodily sample taken from the respondent would tend to confirm or disprove the respondent’s involvement in the commission of the offence; and

• (f) in all the circumstances, it is reasonable to make the order.

(2) In considering whether or not to make a juvenile compulsion order, the Judge shall have regard to—

• (a) the nature and seriousness of the offence to which the application relates; and

• (b) the age of the respondent; and

• (c) any reasons given by—

  • (i) the respondent; and

  • (ii) any parent or person having the care of the respondent—

  for opposing the making of the order sought; and

• (d) any evidence regarding the importance, to the investigation of the offence, of obtaining a bodily sample from the respondent; and

• (e) any other matter that the Judge considers relevant.

(3) Without limiting the generality of subsection (2), in considering whether or not to make a juvenile compulsion order, the Judge shall also have regard to the following matters:

• (a) whether or not the respondent has offered, or been given an opportunity, to give a specimen from his or her body (other than a bodily sample) from which a DNA profile may be obtained for the purpose of confirming or disproving the respondent’s involvement in the commission of the offence to which the application relates, or a related offence:

• (b) if such an offer has been made, or such an opportunity has been given, whether or not the respondent has given such a specimen:

• (c) if the respondent has given such a specimen, whether or not a suitable DNA profile has been obtained from that specimen for the purpose referred to in paragraph (a).

(4) Where the Judge adjourns the hearing of any proceedings on an application for a juvenile compulsion order for the purpose of giving the respondent an opportunity to give, by consent, a specimen from his or her body (including a bodily sample) from which a DNA profile may be obtained for the purpose of confirming or disproving the respondent’s involvement in the commission of the offence to which the application relates, the period of the adjournment shall be only for as long as the Judge considers reasonably necessary for the purpose of giving the respondent that opportunity.

(1) Every suspect compulsion order and every juvenile compulsion order shall be in the prescribed form.

(2) Every suspect compulsion order and every juvenile compulsion order is subject to—

• (a) conditions included in the order by the Judge under section 24A; and

• (b) special conditions (if any) included in the order by the Judge.

(3) [Repealed]

(4) Every suspect compulsion order and every juvenile compulsion order shall contain the following particulars:

• (a) subject to any conditions specified in the order, the date on which, and the place where, the suspect is to attend to give a bodily sample:

• (b) a summary of the provisions of sections 48, 49, and 49A relating to the procedure for the taking of the sample and a statement that in certain circumstances a Judge may specify the method by which a bodily sample is to be taken:

• (c) 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:

• (ca) in the case of a juvenile compulsion order as well as the other particulars referred to in this subsection, a statement that a bodily sample may be taken in the presence of a parent or other person having the care of the suspect:

• (d) 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:

• (e) conditions included by the Judge under subsection (2):

• (f) a statement that if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) and, if applicable, section 54(3):

• (g) 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:

• (h) a statement that if the suspect is convicted of the offence in respect of which the order is made, or a related offence that is an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, information derived from any analysis of the sample will be held on a DNA profile databank:

• (i) 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:

• (j) such other particulars as may be prescribed.

(1) Without limiting the generality of section 24(2)(b), if a Judge is satisfied that it is necessary to do so on account of a respondent’s state of health, the Judge may include in a suspect compulsion order or juvenile compulsion order the condition that a bodily sample must not be taken unless—

• (a) it is taken by a particular method specified in the order by the Judge; and

• (b) an independent medical practitioner approved by the Judge has certified that the method will not cause serious harm to the health of the respondent.

(2) Every suspect compulsion order and every juvenile compulsion order is, unless subsection (3) or subsection (4) or subsection (5) applies, subject to the condition that the respondent may attend to give a bodily sample at a different place, on an earlier date, or at a different place and on an earlier date than that specified in the order if, and only if, the respondent and a constable agree to vary the place, date, or place and date specified in the order.

(3) If a Judge believes good reasons exist why the respondent must attend to give a bodily sample at the place, on the date, or at the place and on the date specified in the suspect compulsion order or juvenile compulsion order, the Judge may include the condition that the respondent must attend to give the sample at the place, on the date, or at the place and on the date specified in the order.

(4) If a respondent is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002 or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, a suspect compulsion order or juvenile compulsion order must include the following conditions:

• (a) that the respondent must give a bodily sample at the residence at which the respondent is detained or is required to remain; and

• (b) that the respondent and a constable may not agree to vary the place at which the person is to give the sample, but may agree to vary the date on which the person is to give the sample to a date earlier than the date specified in the order unless a Judge has included a condition in the order under subsection (3) requiring the person to attend to give the sample on the date specified in the order.

(5) Despite subsection (4)(a), a Judge may include a condition in a suspect compulsion order or juvenile compulsion order that a respondent give a sample at a place other than the residence at which the person is detained or is required to remain, if the Judge is of the view that it is necessary to do so on account of the respondent’s state of health.

(6) A condition included in a suspect compulsion order or juvenile compulsion order under any of subsections (2) to (5) is subject to any condition included in the order under subsection (1).

(1) If a condition is included in a juvenile compulsion order under section 24A(2) and a constable suggests varying the place where, the date on which, or the place where and the date on which a respondent is to attend to give a bodily sample pursuant to that order, the constable must take all reasonable steps to notify a parent or other person having the care of the respondent of the suggested variation.

(2) If a condition is included in a juvenile compulsion order under section 24A(4)(b) and a constable suggests varying the date on which a respondent is to attend to give a bodily sample pursuant to that order, the constable must take all reasonable steps to notify a parent or other person having care of the respondent of the suggested variation.

(1) Subject to section 72, in a criminal investigation in respect of an indictable offence committed or believed to have been committed by a suspect who is a child or was a child at the time the offence was committed and in relation to which that suspect may not be lawfully prosecuted, a buccal sample may be taken from that suspect, for the purposes of the investigation, on behalf of any constable, only if—

• (a) both the suspect and a parent of the suspect have consented to the taking of a buccal sample under section 24G; and

• (b) the sample is taken in accordance with the procedures set out in Part 4.

(2) Every reference in this Part to an indictable offence for which a suspect who is or was a child at the time the offence was committed may not be lawfully prosecuted is a reference to an indictable offence other than—

• (a) the offence of murder or manslaughter; or

• (b) an offence (other than murder or manslaughter)—

  • (i) that is alleged to have been committed when the suspect was aged 12 or 13 years; and

  • (ii) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or

• (c) an offence (other than murder or manslaughter)—

  • (i) that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)(c) of the Children, Young Persons, and Their Families Act 1989 a previous offender under section 272(1A) or (1B) of that Act; and

  • (ii) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.

A constable may request that a suspect give a buccal sample (being a Part 2A request) if—

• (a) there is good cause to suspect that the suspect has committed or may have committed an indictable offence for which the suspect may not lawfully be prosecuted (because the suspect is a child or was a child at the time the offence was committed); and

• (b) the suspect—

  • (i) is under the age of 17 years; and

  • (ii) is a person in relation to whom an application for a declaration for care or protection may be made on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989 if the suspect’s involvement in the offence tends to be confirmed by the analysis of a buccal sample; and

• (c) a constable has reasonable grounds to believe that the analysis of a buccal sample from the suspect would tend to confirm or disprove the suspect’s involvement in the commission of the offence.

If a constable makes a Part 2A request, the Police must—

• (a) hand to the suspect a written notice containing the particulars specified in section 24F(b); and

• (b) ensure that a copy of the notice is also handed to a parent of the suspect; and

• (c) inform the person being handed the notice or a copy of the notice in a manner and in a language that the person is likely to understand,—

  • (i) of the offence in respect of which the request is made; and

  • (ii) that a constable has reasonable grounds to believe that the analysis of a buccal sample from the suspect would tend to confirm or disprove the suspect’s involvement in the offence; and

  • (iii) that the buccal sample may not be taken unless both the suspect and a parent of the suspect consent to the taking of the buccal sample; and

  • (iv) that the suspect is under no obligation to give the buccal sample; and

  • (v) that no parent of the suspect is under any obligation to consent to the taking of the buccal sample; and

  • (vi) that if the suspect or a parent of the suspect consents to the taking of the buccal sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken; and

  • (vii) that the suspect and any parent of the suspect may wish to consult a lawyer before deciding whether or not to consent to the buccal sample being taken; and

  • (viii) that the suspect or any parent of the suspect is able to consult with any person (not being a constable) that he or she wishes before deciding whether or not to consent to the buccal sample being taken; and

  • (ix) that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a declaration that the suspect is in need of care or protection on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989, but may not be used to prosecute the suspect for any offence.

A notice given under section 24E(a) must—

• (a) be in the prescribed form; and

• (b) contain the following particulars:

  • (i) a statement that it is believed that the suspect has or may have committed an indictable offence for which he or she may not be lawfully prosecuted and that the suspect is being requested to consent to the giving of a buccal sample in relation to that offence:

  • (ii) a statement that there are reasonable grounds to believe that analysis of the buccal sample will tend to confirm or disprove the suspect’s involvement in the commission of the offence:

  • (iii) a statement that the buccal sample may not be taken from the suspect unless both the suspect and a parent of the suspect consent to the taking of the buccal sample:

  • (iv) a statement that the suspect is under no obligation to give the buccal sample:

  • (v) a statement that no parent of the suspect is under any obligation to consent to the giving of the buccal sample:

  • (vi) a statement that the suspect and any parent of the suspect may wish to consult a lawyer before consenting to the taking of the buccal sample:

  • (vii) a statement that the suspect or any parent of the suspect is able to consult with any person (not being a constable) that he or she wishes before consenting to the buccal sample being taken:

  • (viii) a statement that, if the suspect or a parent of the suspect consents to the taking of the sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken:

  • (ix) a statement that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a declaration that the suspect is in need of care or protection on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989, but may not be used to prosecute the suspect for any offence:

  • (x) a summary of section 49A relating to who may take the buccal sample:

  • (xi) a statement that a buccal sample may be taken in the presence of a parent:

  • (xii) a summary of section 52A relating to who must be present if the suspect takes a buccal sample himself or herself:

  • (xiii) a statement that the suspect or a parent of the suspect may request that the buccal sample be taken in the presence of a lawyer, or another person, of the suspect’s or parent’s choice:

  • (xiv) a summary of sections 56A and 59 relating to the procedures for the analysis of the sample and disclosure of the results of the analysis:

  • (xv) a reference to section 61A relating to the disposal of the buccal sample and of any information derived from any analysis of the buccal sample:

  • (xvi) any other particulars that may be prescribed under regulations made under this Act.

(1) A consent to the taking of a buccal sample as a result of a Part 2A request is valid if the consent—

• (a) is in writing and signed by the person giving the consent; or

• (b) is given orally and recorded on a video record.

(2) If consent is given in writing, the consent must be signified on the notice required by section 24E(a) to be handed to the suspect at the time of the making of the request, or on a copy of that notice.

(3) If consent is recorded on a video record, the video record must clearly show,—

• (a) in the case of a consent given by a suspect,—

  • (i) the making of the request to the suspect; and

  • (ii) the handing to the suspect of the notice required by section 24E(a); and

  • (iii) the giving of consent to the taking of the buccal sample; and

• (b) in the case of consent given by a parent of a suspect,—

  • (i) the handing to that person of a copy of the notice required by section 24E(b) or an acknowledgement by that person that a copy of that notice has been given to him or her; and

  • (ii) the giving of consent to the taking of the buccal sample from the suspect.

(1) A suspect or a suspect’s parent who has given consent to the taking of a buccal sample as a result of a Part 2A request may, at any time before the sample is taken, withdraw that consent either orally or in writing.

(2) If the consent is withdrawn orally, the withdrawal must be recorded in writing by a constable as soon as is practicable.

If a buccal sample is taken as a result of a Part 2A request, the Police must ensure that the buccal sample is forwarded to an approved agency as soon as is practicable after it is taken.

(1) A constable may require a person who is of or over the age of 17 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 the Schedule 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 the Schedule and intends to bring proceedings against the person in respect of that offence by way of summons.

(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.

(1) A constable may require a young person to give a bodily sample if either—

• (a) the person has been arrested for a relevant offence; or

• (b) a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by way of summons.

(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.

Nothing in Part 2 limits the authority to take a bodily sample conferred by section 24J or 24K.

If a constable proposes to require a person to give a bodily sample under section 24J or 24K, the constable must—

• (a) hand to the person a written notice containing the particulars specified in section 24N; and

• (b) inform the person in a manner and in language that the person is likely to understand—

  • (i) what the triggering offence is; and

  • (ii) of the effect of sections 24P and 24R; and

  • (iii) of the effect of sections 48A, 49, 49A, 50A, and 54A; and

  • (iv) that the sample will be analysed; and

  • (v) that a DNA profile derived from the sample cannot be used as evidence in criminal proceedings; and

  • (vi) of the effect of section 26(ab) and (ac); and

  • (vii) of the effect of section 60A.

A notice given under section 24M—

• (a) must be in the prescribed form; and

• (b) must contain the following particulars:

  • (i) a reference to the triggering offence:

  • (ii) a statement of the effect of sections 24P and 24R:

  • (iii) a summary of the provisions of sections 48A, 49, 49A, 50A, and 54A relating to the procedure for taking the sample:

  • (iv) a summary of the provisions of sections 55, 56, and 56A relating to the procedures for the analysis of the sample and the disclosure of the results of the analysis:

  • (v) a statement of the effect of section 26(ab) and (ac):

  • (vi) a reference to the provisions of section 60A relating to the destruction of the sample and of any information derived from any analysis of the sample:

  • (vii) any other particulars that may be prescribed.

There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily samples taken under this Part.

A DNA profile derived from a bodily sample taken under this Part may be stored on a Part 2B temporary databank only if—

• (a) the person from whom the bodily sample was taken has been charged with the triggering offence, or a related relevant offence; and

• (b) circumstances have not yet arisen where—

  • (i) records of the DNA profile must be destroyed under section 60A; or

  • (ii) the DNA profile may be stored on a DNA profile databank under section 26(ab) or (ac).

When either of the circumstances in section 24P(b)(i) or (ii) has arisen in relation to a DNA profile, the DNA profile must be removed from the Part 2B temporary databank.

(1) Subject to subsections (2) to (5), no person may have access to any information stored on a Part 2B temporary databank, and no person may disclose any of that information, except for 1 or more of the following purposes:

• (a) to compare with unidentified DNA information obtained from the scenes of offences under investigation or otherwise in respect of which a conviction or further conviction is yet to be obtained, for the purpose of a criminal investigation by the Police into the triggering offence or any other offence:

• (b) for the purpose of making the information available, in accordance with the Privacy Act 1993, to the person to whom the information relates:

• (c) for the purpose of administering the Part 2B temporary databank.

(2) For the purposes of subsection (1)(a), DNA information is unidentified if no Police investigation has established the particular person to whom the DNA information relates.

(3) Nothing in this section applies in relation to information that does not identify any person.

(4) Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 1993 to investigate any complaint made under Part 8 of that Act.

(5) Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of—

• (a) any application for a compulsion order; or

• (b) the issuing of a databank compulsion notice or the making of a Part 3 order; or

• (c) the prosecution of an offence against section 77(2).

No person may have access to, and no person may use, any bodily sample taken from any person under this Part except for the purpose of deriving from that sample a DNA profile—

• (a) for the purposes of this Part; and

• (b) where applicable, for storage on a DNA profile databank in accordance with section 26(ab) or (ac).

There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily samples taken pursuant to this Act.

Subject to sections 60, 60A, and 62, the following information may be stored on a DNA profile databank:

• (a) any DNA profile derived from a bodily sample taken from any person pursuant to Part 2, where—

  • (i) that person is convicted of the offence in respect of which the sample is taken, or of a related offence, (unless the conviction is subsequently quashed); and

  • (ii) the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule:

• (ab) any DNA profile derived from a bodily sample taken from a person under Part 2B if—

  • (i) that person is convicted of the triggering offence, or of a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule (unless the conviction is subsequently quashed); and

  • (ii) the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and

  • (iii) in the case of a person who was a young person on the date of the offence, a sentence of imprisonment or of a non-custodial nature is imposed for the offence or a Youth Court makes an order under section 283 of the Children, Young Persons, and Their Families Act 1989:

• (ac) any DNA profile derived from a bodily sample taken from a young person under Part 2B if—

  • (i) a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved; and

  • (ii) the offence in relation to which the order was made is a relevant offence, or a related offence:

• (b) subject to section 36, any DNA profile derived from a bodily sample taken from any person pursuant to this Part.

(1) A DNA profile stored on a DNA profile databank must be removed from the databank and destroyed before the expiry of all fixed periods (retention periods) specified in subsection (4) that apply to the storage of the profile.

(2) In the case of a person's DNA profile stored under section 26(a) or (ab), the storage of the profile is subject to subsection (4) if—

• (a) the person was a young person on the date of the offence; and

• (b) any of the following applies:

  • (i) a Youth Court made an order under 1 or more of paragraphs (a) to (n) of section 283 of the Children, Young Persons, and Their Families Act 1989; or

  • (ii) a Youth Court made an order under section 283(o) of the Children, Young Persons, and Their Families Act 1989 but no court imposed a sentence of imprisonment for the offence; or

  • (iii) a District Court (rather than a Youth Court) convicted the person of the offence but did not impose a sentence of imprisonment.

(3) In the case of a profile stored under section 26(ac), the storage of the profile is subject to subsection (4) if—

• (a) the person was a young person on the date of the offence; and

• (b) a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved.

(4) The retention periods and effect of certain subsequent offences are as follows:

(5) A person's DNA profile stored under section 26 may, unless otherwise provided by this Act, be stored indefinitely on a DNA profile databank if any of the following apply:

• (a) if the profile is stored in relation to an offence and a court imposes a sentence of imprisonment for the offence:

• (b) if the profile is stored in relation to an offence and a retention period initially applies to the offence and, during that period, a subsequent order or conviction is made or entered against the person that is not specifically provided for in the third column of the table in subsection (4):

  Examples

  During a 10-year period for a section 283 order, another section 283 order is made against the person or a conviction (with or without imprisonment) is entered against the person by any court.

  During a 10-year period for a conviction by a District Court, a section 283 order is made against the person or another conviction (with or without imprisonment) is entered against the person by any court.

  During a 4-year retention period for a section 282 order, 2 further section 282 orders are made against the person.

• (c) in any other case (whether the person is a young person or of or over the age of 17 years), no fixed retention period is specified by this Act.

(6) The profile must be removed from the databank no later than 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence, or, in any other case, no later than 10 years after the date of conviction, if—

• (a) either—

  • (i) the person to whom the profile relates was a young person on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab), and a court imposed a community-based sentence in respect of the offence; or

  • (ii) the person to whom the profile relates was of or over 17 years of age on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab); and

• (b) the conviction was for an offence that was not a relevant offence at the time of the conviction; and

• (c) the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule since the date of the conviction.

(1) This section applies to a person if,—

• (a) before the commencement of this section,—

  • (i) a DNA profile of the person was taken and stored on a DNA databank under Part 2 when the person was a young person; and

  • (ii) a Youth Court made an order in relation to the person under section 282 or 283 of the Children, Young Persons, and Their Families Act 1989 in relation to an offence but no court imposed a sentence of imprisonment for the offence; and

• (b) within 10 years after the date of that order, the person is not convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.

(2) The person’s DNA profile must be removed from the DNA databank and destroyed if the person applies in writing to the Commissioner requesting the removal of the profile.

(1) Subject to subsections (2) to (4), no person may have access to any information stored on a DNA profile databank, and no person shall disclose any such information, except for 1 or more of the following purposes:

• (a) for the purpose of forensic comparison in the course of a criminal investigation by the Police:

• (b) for the purpose of making the information available, in accordance with the Privacy Act 1993, to the person to whom the information relates:

• (c) for the purpose of administering the DNA profile databank.

(2) Nothing in this section applies in relation to information that does not identify any person.

(3) Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 1993 to investigate any complaint made under Part 8 of that Act.

(4) Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of—

• (a) any application for a compulsion order; or

• (ab) the issuing of a databank compulsion notice or the making of a Part 3 order; or

• (b) the prosecution of an offence against section 77(2).

No person may have access to, and no person may use, any bodily sample—

• (a) to which section 60(2) applies; or

• (b) taken from any person pursuant to this Part—

except for the purpose of deriving from that sample a DNA profile for storage on a DNA profile databank.

Subject to section 72, a bodily sample may be taken from a person for the purposes of including that person’s DNA profile on a DNA profile databank only if—

• (a) either—

  • (i) that person consents to the taking of that sample in accordance with section 34; or

  • (ii) the sample is taken pursuant to a databank compulsion notice; and

• (b) the sample is taken in accordance with the procedures set out in Part 4.

(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 17 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.

Every notice given pursuant to section 30(2)(a)—

• (a) shall be in the prescribed form; and

• (b) shall contain the following particulars:

  • (i) a statement setting out the purpose for which the sample is required:

  • (ii) a statement that the person is under no obligation to give the sample:

  • (iii) a statement 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:

  • (iv) a statement that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample:

  • (v) a statement that the sample will be analysed, and information derived from that analysis may result in the person being charged with a criminal offence:

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

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

  • (viii) 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:

  • (ix) a summary of the provisions of section 27 relating to the use of any DNA profile obtained from the sample:

  • (x) a summary of the provisions of section 36 relating to the removal of information from a DNA profile databank:

  • (xi) a summary of the provisions of sections 37 and 38 relating to the retention of a bodily sample and a DNA profile notwithstanding withdrawal of consent under section 36:

  • (xii) such other particulars as may be prescribed.

Nothing in section 30 applies in respect of a person who is under the age of 17 years, and no such person shall be capable of consenting to the taking of a bodily sample in response to a request made under that section.

A databank request made to any person may be made in conjunction with a suspect request, and, in any such case,—

• (a) the constable making the requests shall, in addition to informing the person of the matters set out in sections 6(2)(b) and 30(2)(b), inform the person—

  • (i) that he or she may consent to the taking of a bodily sample in response to both requests, or in response to only one of the requests, or may refuse both of the requests; and

  • (ii) that if he or she consents to the taking of a bodily sample in response to only one of the requests, then, subject to section 26(a), information derived from the analysis of that sample may be used for the purposes of that request only; and

• (b) in addition to handing the person the notices required by sections 6(2)(a) and 30(2)(a), the constable shall hand the person a written notice in the prescribed form containing—

  • (i) a statement specifying the matters set out in subparagraphs (i) and (ii) of paragraph (a); and

  • (ii) such other particulars as may be prescribed; and

• (c) the following provisions of this Act shall apply subject to the following modifications:

  • (i) section 9(3)(a)(ii) shall be read as if there were inserted, after the word “Act”, the words “and the notice required by section 33(b)”:

  • (ii) section 34(3)(b) shall be read as if there were inserted, after the word “Act”, the words “and the notice required by section 33(b)”.

(1) No consent to the taking of a bodily sample in response to a databank request shall be valid unless—

• (a) it is in writing and signed by the person giving the consent; or

• (b) it is given orally and recorded on a video record.

(2) Where any such consent is in writing, the consent shall be signified on the notice required by section 30(2)(a) to be handed to the person at the time of the making of the databank request, or on a copy of that notice.

(3) Where any such consent is recorded on a video record, the video record must clearly show—

• (a) the making of the databank request to the person concerned; and

• (b) the handing to that person of the notice required by section 30(2)(a) of this Act; and

• (c) the giving of consent to the taking of the sample.

(4) Any person who gives such consent may, at any time before the sample is taken, withdraw that consent, either orally or in writing.

(5) Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable as soon as practicable.

(1) Subject to subsection (2), every person to whom a databank request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request.

(2) Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary—

• (a) to prevent the person to whom the request is made from escaping; or

• (b) to ensure the safety of that person or any other person; or

• (c) to prevent that person from damaging any property.

(1) Subject to subsections (2) and (3) and to sections 37 and 38, where, pursuant to a consent given in accordance with section 34, a bodily sample is taken from any person, that person may at any time, by notice in writing to the Commissioner, withdraw that person’s consent to the use of that bodily sample, and in any such case the Commissioner shall ensure that—

• (a) the sample; and

• (b) every record of any analysis of the sample carried out on behalf of any constable; and

• (c) every record, to the extent that it contains—

  • (i) information about the sample; and

  • (ii) particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,—

are destroyed as soon as practicable.

(2) Nothing in subsection (1) applies in respect of any bodily sample, or any information derived from any analysis of any bodily sample, in any case where, after the sample has been taken, the person from whom the sample was taken has been convicted of a relevant offence (unless that conviction has been quashed).

(3) Where,—

• (a) a databank request has been made in conjunction with a suspect request; and

• (b) the person to whom the requests have been made has consented to the taking of a bodily sample in response to both requests; and

• (c) pursuant to subsection (1), the person withdraws his or her consent to the use of the bodily sample for the purposes of the databank request,—

then, notwithstanding anything in subsection (1), that bodily sample and any information derived from any analysis of that sample may continue to be dealt with in accordance with the consent given in response to the suspect request.

(1) Where,—

• (a) pursuant to section 36(1), any person withdraws that person’s consent to the use of a bodily sample; and

• (b) at the time of the withdrawal of that consent,—

  • (i) a suspect request has been made to that person, and either that person has not refused to consent to the taking of a bodily sample in response to that request, or that person has consented to the taking of such a sample, but the sample has not yet been obtained; or

  • (ii) the making of a suspect request to that person is reasonably in contemplation; or

  • (iii) proceedings on an application under section 13 in respect of that person are pending; or

  • (iv) the making of such an application is reasonably in contemplation; or

  • (v) a suspect compulsion order is in force in respect of that person, but a bodily sample has yet to be obtained from him or her in accordance with that order,—

then, notwithstanding anything in section 36(1), the bodily sample in respect of which that consent is withdrawn, and any information derived from any analysis of that sample, may be retained, and shall be dealt with in accordance with this section and section 38.

(2) Where, at the time of the withdrawal of the consent, subsection (1)(b)(i) applies, the following provisions shall apply:

• (a) if a bodily sample is obtained from the person in response to the suspect request, the withdrawal of consent shall take effect in accordance with section 36(1):

• (b) if for any reason no bodily sample is obtained from the person in response to the suspect request within the period of 28 days after notice of the withdrawal of consent is received by the Commissioner, then, subject to paragraph (c) of this subsection, the withdrawal of consent shall take effect, in accordance with section 36(1), on the expiry of that period:

• (c) if, before the expiry of the period referred to in paragraph (b), an application is made under section 13 in respect of the person, subsection (4) of this section shall thereafter apply as if, at the time of the withdrawal of the consent, subsection (1)(b)(iii) of this section applied.

(3) Where, at the time of the withdrawal of the consent, subsection (1)(b)(ii) applies, the following provisions shall apply:

• (a) if a suspect request is not made to the person within the period of 14 days after notice of the withdrawal of consent is received by the Commissioner, the withdrawal of consent shall take effect, in accordance with section 36(1), on the expiry of that period:

• (b) if,—

  • (i) before the expiry of the period referred to in paragraph (a), a suspect request is made to the person; and

  • (ii) a bodily sample is obtained from the person in response to the suspect request,—

  the withdrawal of consent shall take effect in accordance with section 36(1):

• (c) if,—

  • (i) before the expiry of the period referred to in paragraph (a), a suspect request is made to the person; but

  • (ii) for any reason no bodily sample is obtained from the person in response to the suspect request within the period of 28 days after the making of the suspect request,—

  then, subject to paragraph (d), the withdrawal of consent shall take effect, in accordance with section 36(1), on the expiry of that period of 28 days:

• (d) if, before the expiry of the period referred to in paragraph (c)(ii), an application is made under section 13 in respect of the person, subsection (4) of this section shall thereafter apply as if, at the time of the withdrawal of the consent, subsection (1)(b)(iii) of this section applied.

(4) Where, at the time of the withdrawal of the consent, subsection (1)(b)(iii) applies, the following provisions shall apply:

• (a) if—

  • (i) the application for a suspect compulsion order (in this subsection referred to as the initial application) is withdrawn or refused; and

  • (ii) no further application for a suspect compulsion order is made in respect of the person within the period of 28 days after the withdrawal or refusal of the application,—

  then the withdrawal of consent shall take effect, in accordance with section 36(1), on the expiry of that period:

• (b) if—

  • (i) the initial application is granted; and

  • (ii) a bodily sample is obtained from the person in accordance with the suspect compulsion order,—

  then the withdrawal of consent shall take effect in accordance with section 36(1):

• (c) if—

  • (i) the initial application is granted; but

  • (ii) for any reason, no bodily sample is obtained from the person in accordance with the suspect compulsion order,—

  then section 38 shall apply:

• (d) if—

  • (i) the initial application is withdrawn or refused; and

  • (ii) a further application for a suspect compulsion order is made in respect of the person within the period of 28 days after the withdrawal or, as the case requires, the refusal of the initial application,—

  then,—

  • (iii) if that further application is withdrawn or refused, the withdrawal of consent shall take effect in accordance with section 36(1):

  • (iv) if that further application is granted, paragraphs (b) and (c) shall apply as if that application were the initial application.

(5) Where, at the time of the withdrawal of the consent, subsection (1)(b)(iv) applies, the following provisions shall apply:

• (a) if no application is made under section 13 in respect of the person within the period of 28 days after notice of the withdrawal of consent is received by the Commissioner, the withdrawal of consent shall take effect in accordance with section 36(1):

• (b) if, before the expiry of the period referred to in paragraph (a), an application is made under section 13 in respect of the person, subsection (4) of this section shall thereafter apply as if, at the time of the withdrawal of the consent, subsection (1)(b)(iii) of this section applied.

(6) Where, at the time of the withdrawal of the consent, subsection (1)(b)(v) applies, the following provisions shall apply:

• (a) if a bodily sample is obtained from the person in accordance with the suspect compulsion order, the withdrawal of the consent shall take effect in accordance with section 36(1):

• (b) if, for any reason, no bodily sample is obtained from the person in accordance with the suspect compulsion order, then section 38 shall apply.

Where subsection (4)(c) or subsection (6)(b) of section 37 applies in respect of any bodily sample, the following provisions shall apply:

• (a) sections 26(a) and 60 shall apply in respect of the bodily sample, and any information derived from any analysis of that sample, as if the bodily sample had been taken, pursuant to Part 2,—

  • (i) on the date on which the suspect compulsion order referred to in subsection (4)(c) or, as the case requires, subsection (6)(b) of section 37 was made; and

  • (ii) in respect of the offence to which the order relates:

• (b) nothing in section 61 shall apply in respect of the bodily sample or any such information:

• (c) the bodily sample and any such information may be retained until—

  • (i) their destruction is required by section 60; or

  • (ii) in the case of a DNA profile derived from the bodily sample, section 26(a) authorises the storage of that DNA profile on a DNA profile databank,—

  but, in the meantime, no DNA profile derived from the bodily sample shall be used for the purposes of any criminal investigation or any criminal proceedings (other than the investigation or prosecution of any offence against section 77(2)).

(1) A constable who is of or above the level of position of inspector may issue a databank compulsion notice requiring a person to give a bodily sample if—

• (a) the person has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and

• (b) the conviction is one to which this Part applies under section 4.

(2) If a databank compulsion notice is issued, the Police must—

• (a) serve the notice on the person to whom it relates by handing the notice to the person; and

• (b) if that person is under the age of 17 years, take all reasonable steps to serve a copy of the notice on a parent or other person having the care of that person by giving him or her a copy of it; and

• (c) explain the contents of the notice to the person being served in a manner, and in a language, that the person is likely to understand.

(3) If a person in relation to whom a databank compulsion notice is issued is not detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule in relation to which it is issued, the notice—

• (a) must be served on a date as soon as is reasonably practicable after the person’s conviction for the imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule is entered; but

• (b) need not be served on a date before the person is sentenced for the imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and

• (c) must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(3) (which describes the dates between which a person who is not detained under a sentence of imprisonment may be required to attend to give a bodily sample).

(4) If a person in relation to whom a databank compulsion notice is issued is detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule in relation to which it is issued, the notice must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(4) (which describes the dates between which a person who is detained under a sentence of imprisonment may be required to attend to give a bodily sample).

(1) Every databank compulsion notice must be in the prescribed form.

(2) Every databank compulsion notice must contain the following particulars:

• (a) the offence in relation to which the notice is issued:

• (b) a place where, and a date on which, the person to whom the notice relates is to attend to give a bodily sample, as specified by a constable who is of or above the level of position of inspector under section 39C:

• (c) a statement that the person in relation to whom the notice is issued must attend to give a bodily sample at the place and on the date specified in the order, unless the person and a constable agree that the person may attend to give the sample at a different place, on an earlier date, or at a different place and on an earlier date than that specified in the notice:

• (d) a statement that information obtained from the bodily sample will be stored on a DNA profile databank and may be used by the Police in the investigation of criminal offences:

• (e) a statement that the person in relation to whom the notice is issued may request a databank compulsion notice hearing under section 41(1):

• (f) a summary of the grounds on which a hearing may be requested under section 41(2):

• (g) a summary of the provisions of sections 48, 49, and 49A relating to the procedure for taking a bodily sample and a statement that in certain circumstances a Judge may specify the method by which the sample is to be taken:

• (h) a statement that, if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) and, if applicable, section 54(3):

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

• (j) a summary of the provisions of sections 55, 56, 56A, and 59 relating to the procedure for the analysis of the sample and the disclosure of the results of the analysis:

• (k) a summary of the provisions of section 27 relating to the use of any DNA profile obtained from the sample:

• (l) any other particulars that may be prescribed.

(3) If a databank compulsion notice is issued in relation to a person who is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, the notice must contain—

• (a) the particulars in subsection (2)(a) and (d) to (l); but

• (b) instead of the particulars in subsection (2)(b) and (c), the following particulars:

  • (i) a statement that the person must give a bodily sample at the residence at which the person is detained or is required to remain; and

  • (ii) a statement that the person and a constable may not agree to vary the place at which the sample is to be given, but may agree to vary the date on which the person is to attend to give the sample to a date earlier than the date specified in the notice.

(4) Despite subsection (3)(b)(i), a constable who is of or above the level of position of inspector may state in a databank compulsion notice that a person may give a bodily sample at a place other than the residence at which the person is detained or is required to remain, if the constable who is of or above the level of position of inspector issuing the notice is of the view that it is necessary to do so on account of the person’s health.

(1) Every databank compulsion notice issued in relation to a person under the age of 17 years must be in the prescribed form.

(2) Every databank compulsion notice issued in relation to a person under the age of 17 years must contain the particulars listed in section 39A(2), or if applicable section 39A(3), as well as the following particulars:

• (a) a statement that a bodily sample may not be taken unless all reasonable steps have been taken to serve a copy of the notice on a parent or other person having the care of that person; and

• (b) a statement that a parent or other person having the care of that person may request a databank compulsion notice hearing under section 41(3); and

• (c) a statement that a parent or other person having the care of the person may be present when the bodily sample is taken.

(1) A constable who is of or above the level of position of inspector who issues a databank compulsion notice must specify in the notice the place where and the date on which the person to whom the notice relates is to attend to give a bodily sample.

(2) If a person to whom a databank compulsion notice relates is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, the place the constable who is of or above the level of position of inspector must specify under subsection (1) must be the residence at which the person is detained or is required to remain, unless the constable who is of or above the level of position of inspector is of the view that it is necessary for the person to give the sample at another place on account of the person’s state of health.

(3) If a person to whom a databank compulsion notice relates is not detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, the date specified in the notice under subsection (1)—

• (a) must be later than the 14th day after the date on which the notice is served; and

• (b) must be before the date 6 months after the date the person’s conviction for the relevant offence was entered.

(4) If the person to whom a databank compulsion notice relates is detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, the date specified in the notice under subsection (1)—

• (a) must be later than the 14th day after the date on which the notice is served; and

• (b) must be before the later of the 2 following dates:

  • (i) the date the person is released from being detained under a sentence of imprisonment for the relevant offence; or

  • (ii) the date 6 months from the date on which the conviction for the relevant offence was entered.

(1) If a constable suggests varying, under section 39A(2)(c), the place where, the date on which, or the place where and the date on which a person under the age of 17 years is to attend to give a bodily sample pursuant to a databank compulsion notice, the constable must take all reasonable steps to notify a parent or other person having the care of the person of the suggested variation.

(2) If a constable suggests varying, under section 39A(3)(b)(ii), the date on which a person under the age of 17 years is to attend to give a bodily sample pursuant to a databank compulsion notice, the constable must take all reasonable steps to notify a parent or other person having the care of the person of the suggested variation.

(1) A databank compulsion notice ceases to have effect if, before a bodily sample is taken pursuant to the notice, the person’s conviction for the relevant offence in relation to which the notice has been issued is quashed.

(2) If subsection (1) applies, a constable must,—

• (a) as soon as practicable after the conviction is quashed, notify the person to whom the notice relates and, in the case of a person under the age of 17 years, a parent or other person having the care of that person that—

  • (i) the notice is of no effect; and

  • (ii) the person to whom the notice relates is no longer required to give a bodily sample pursuant to that notice; and

  • (iii) the notice may be disregarded; and

• (b) as soon as practicable after notifying the person and, if applicable, the person’s parent or other person having the care of that person, of the matters listed in paragraph (a), confirm those matters in writing.

(1) A person served with a databank compulsion notice or required to be served with a databank compulsion notice under section 39(2) may, before the date specified in the notice as the date on which the person to whom the notice relates is to attend to give a bodily sample, request a constable to arrange a databank compulsion notice hearing before a Judge of the appropriate court.

(2) A databank compulsion notice hearing may only be requested on 1 or more of the following grounds:

• (a) that—

  • (i) the offence in relation to which the databank compulsion notice has been issued is not a relevant offence; or

  • (ii) the conviction for the relevant offence in relation to which the databank compulsion notice has been issued is not a conviction to which this Part applies:

• (b) that the conviction for the relevant offence in relation to which the databank compulsion notice has been issued—

  • (i) was quashed before the notice was issued; or

  • (ii) was quashed after the notice was issued but before the sample was taken and the Police have not notified the person that the notice is of no effect under section 40(2):

• (c) that all 3 methods available for the taking of a bodily sample will cause serious harm to the person’s health on the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample:

• (d) that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is a date on or before the date that is 14 days after the date on which the notice was served:

• (e) that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is,—

  • (i) if the person is not detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, a date that is on or after the date 6 months after the date the person’s conviction for the relevant offence was entered; or

  • (ii) if the person is detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, a date that is on or after the later of the 2 following dates:

    • (A) the date the person is to be released from being detained under a sentence of imprisonment for the relevant offence; or

    • (B) the date 6 months after the date the person’s conviction for the relevant offence was entered:

• (f) that the person to whom the databank compulsion notice relates was not served with the notice:

• (g) if the person in relation to whom the databank compulsion notice has been issued is under the age of 17 years,—

  • (i) that person was not served with the notice; or

  • (ii) that all reasonable steps have not been taken to serve the parent or other person having the care of the person with a copy of the notice.

(3) If a databank compulsion notice is issued in relation to a person who is under the age of 17 years, that person’s parent or other person having the care of that person may request a hearing under any of the grounds set out in subsection (2).

(4) In this section and section 41B, the appropriate court is the court before which the person to whom the databank compulsion notice relates was sentenced for the relevant offence, or is due to appear for sentence for the relevant offence, in relation to which the notice has been issued.

(1) A request for a databank compulsion notice hearing—

• (a) must be in writing; and

• (b) must specify the ground or grounds listed in section 41(2) that are relied on.

(2) If a request is made for a databank compulsion notice hearing, a bodily sample must not be taken from the person to whom the databank compulsion notice relates unless a Judge at a databank compulsion notice hearing makes a Part 3 order.

(1) A constable must, as soon as is practicable after receiving a request for a databank compulsion notice hearing, file a notice of hearing, in the prescribed form, in the appropriate court.

(2) The Registrar of the court in which the notice of hearing is filed must advise the following persons of the time and place for the hearing:

• (a) the person to whom the notice relates:

• (b) if the person to whom the notice relates is under the age of 17 years, a parent or other person having the care of that person:

• (c) if a lay advocate has been appointed under section 326 of the Children, Young Persons, and Their Families Act 1989 in respect of the person to whom the notice relates, that lay advocate:

• (d) the constable in charge of the Police station where the constable who filed the notice of hearing is stationed.

(1) The following persons are entitled to appear and to adduce evidence at a databank compulsion notice hearing:

• (a) the person to whom the databank compulsion notice relates:

• (b) any lawyer who represents the person to whom the databank compulsion notice relates:

• (c) the Police.

(2) If a person to whom a databank compulsion notice relates is under the age of 17 years, the following persons, as well as the persons listed in subsection (1), are entitled to appear and to adduce evidence at the databank compulsion notice hearing:

• (a) any person who is a parent or other person having the care of the person to whom the databank compulsion notice relates:

• (b) any lawyer representing a person referred to in paragraph (a):

• (c) a lay advocate of the person to whom the databank compulsion notice relates, if any has been appointed under section 326 of the Children, Young Persons, and Their Families Act 1989:

• (d) with the leave of the Judge, any other person.

(3) The provisions of sections 21 and 22 (which relate to the appointment of a lawyer to represent a respondent who is under the age of 17 years) apply, with any necessary modifications, to a databank compulsion notice hearing if the person to whom the hearing relates is under the age of 17 years.

(1) If a Judge at a databank compulsion notice hearing is satisfied that either of the grounds specified in section 41(2)(a) or (b) have been proved, the Judge must make an order that the databank compulsion notice is of no effect.

(2) If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(c) has been proved, the Judge must,—

• (a) if he or she believes on reasonable grounds that the state of the person’s health is unlikely to change, make an order that the databank compulsion notice is of no effect; or

• (b) if he or she believes on reasonable grounds that the taking of a bodily sample by a particular method will not cause serious harm to the person’s health if taken on a date other than the date specified in the databank compulsion notice,—

  • (i) make a Part 3 order; and

  • (ii) vary the notice by specifying a new date on which the person to whom a notice relates is to attend to give a bodily sample that need not be a date in accordance with the applicable date set out in section 39C(3)(b) or (4)(b); and

  • (iii) vary the notice to require the sample be taken by a particular method.

(3) A Judge must not vary a databank compulsion notice under subsection (2)(b)(ii) and (iii) unless an independent medical practitioner approved by the Judge certifies that the taking of the sample by the method specified will not cause serious harm to the person’s health on the new date specified.

(4) If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(d) has been proved, the Judge must—

• (a) make a Part 3 order; and

• (b) vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the databank compulsion notice, being a date later than 14 days after the date on which the notice was served and in accordance with the applicable date set out in section 39C(3)(b) or (4)(b).

(5) If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(e) has been proved, the Judge must,—

• (a) if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had passed when the databank compulsion notice was served, make an order that the notice is of no effect; or

• (b) if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had not passed when the databank compulsion notice was served,—

  • (i) make a Part 3 order; and

  • (ii) vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the notice, being a date in accordance with the applicable dates set out in section 39C(3) or (4).

(6) If a Judge at a databank compulsion notice hearing is satisfied that either or both of the grounds specified in section 41(2)(f) or (g) have been proved, the Judge may make any order he or she considers appropriate.

(7) If a Judge at a databank compulsion hearing is satisfied that none of the grounds specified in section 41(2) (including grounds other than those raised by the person requesting the hearing) has been proved, the Judge must make a Part 3 order.

(8) This section is subject to sections 43A and 43B.

(1) If a Judge makes a Part 3 order, the Judge may also, if the Judge considers it appropriate, do any of the following:

• (a) specify in the databank compulsion notice in relation to which the order is made a new place at which the person to whom the notice relates is to attend to give a bodily sample:

• (b) specify in the databank compulsion notice in relation to which the order is made a new date on which the person to whom the notice relates is to attend to give a bodily sample, being a date in accordance with the applicable dates set out in section 39C(3) or (4):

• (c) include any reasonable conditions the Judge thinks fit in the databank compulsion notice.

(2) A Judge may not do anything under subsection (1) that is inconsistent with what the Judge must do under section 42.

(3) This section is subject to section 43A.

(1) Subsection (2) applies if,—

• (a) in the case of a person who was not detained under a sentence of imprisonment in relation to the relevant offence for which a databank compulsion notice was issued at the time the databank compulsion notice was served,—

  • (i) that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2); and

  • (ii) before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, a date is reached that is 6 months or more since the person’s conviction for the relevant offence in relation to which the databank compulsion notice was issued was entered:

• (b) in the case of a person who was detained under a sentence of imprisonment for the relevant offence in relation to which a databank compulsion notice was issued at the time a databank compulsion notice was served,—

  • (i) that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2); and

  • (ii) before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, the later of the 2 following dates is reached:

    • (A) the date of the person’s release from detention under a sentence of imprisonment for the relevant offence in relation to which the databank compulsion notice was issued; or

    • (B) the date that is 6 months from the date on which the conviction for the relevant offence in relation to which the databank compulsion notice was issued was entered.

(2) If this subsection applies,—

• (a) a databank compulsion notice hearing must take place and be completed as if the applicable date referred to in subsection (1)(a)(ii) or (b)(ii) had not been reached; and

• (b) a Judge—

  • (i) must make an appropriate order under section 42; and

  • (ii) may, if applicable, vary, or include any condition in, the databank compulsion notice under section 42 or section 43.

(3) Despite anything in this Part, if subsection (2) applies, a Judge may vary the date in a databank compulsion notice on which a person to whom the notice relates is to attend to give a bodily sample to a date that is not in accordance with the applicable date set out in section 39C(3)(b) or (4)(b).

(4) This section is subject to section 43B.

(1) Nothing in section 42 or section 43A allows a Judge to make a Part 3 order if the Judge is satisfied that—

• (a) the date specified in a databank compulsion notice by a constable who is of or above the level of position of inspector on which the person to whom the notice relates is to attend to give a bodily sample is on or before the 14th day after the date on which the notice was served (meaning the date is not in accordance with the applicable date set out in section 39C(3)(a) or (4)(a)); and

• (b) if the date in the notice had complied with section 39C(3)(a) or (4)(a) by being a date later than the 14th day after the date on which the notice was served, then that date would not have been in accordance with the applicable date set out in section 39C(3)(b) or (4)(b) (because the date would have been after the latest permissible date specified in those sections).

(2) If the Judge is satisfied of the matters in subsection (1)(a) and (b), the Judge must make an order that a databank compulsion notice is of no effect.

(1) If a person to whom a databank compulsion notice relates has given a bodily sample pursuant to that notice, a further databank compulsion notice must not be issued in relation to that person for the same conviction without the leave of a Judge of the appropriate court on an application from a constable who is of or above the level of position of sergeant.

(2) In this section, the appropriate court is the court before which the person to whom the databank compulsion notice relates was sentenced for the relevant offence in relation to which the notice has been issued, or is due to appear for sentence for the relevant offence in relation to which the notice has been issued.

(1) A Judge must not grant leave for a further databank compulsion notice to be issued unless he or she is satisfied that it is necessary to obtain another bodily sample from the person in relation to whom the databank compulsion notice was issued because—

• (a) the sample taken pursuant to the notice—

  • (i) has been lost; or

  • (ii) has been destroyed (other than under section 62(1) or (2)); or

• (b) a proper analysis of the sample taken pursuant to the notice has not been possible on account of the condition of that sample.

(2) A Judge may refuse to grant leave to issue a further databank compulsion notice if he or she is satisfied that the taking of a further bodily sample would be vexatious or an abuse of process.

(3) A Judge may grant leave for a further databank compulsion notice to be issued even if the applicable date set out in section 39C(3)(b) or (4)(b) before which a person may be required to attend to give a bodily sample has been reached.

(4) If a Judge grants leave for a further databank compulsion notice to be issued in the circumstances referred to in subsection (3), the constable who is of or above the level of position of inspector issuing the notice must comply with all of the obligations relating to the issuing of a databank compulsion notice, except for the inclusion of a date for the person to attend to give a sample that is in accordance with the applicable date set out in section 39C(3)(b) or (4)(b).

(5) A person in relation to whom a further databank compulsion notice is issued in the circumstances referred to in subsection (3) may not request a databank compulsion hearing on the ground specified in section 41(2)(e), but may do so on any other ground specified in section 41(2).

(1) If a Judge grants leave for a further databank compulsion notice to be issued, the Judge must specify the method by which a bodily sample is to be taken.

(2) In determining the method by which a bodily sample is to be taken, the Judge must have regard to—

• (a) any view expressed by the constable who is making the application (being a constable who is of or above the level of position of sergeant) regarding which of the 3 methods should be used; and

• (b) any view expressed by the person to whom the notice relates regarding which of the 3 methods should be used.

(1) A bodily sample must not be taken pursuant to a compulsion order or databank compulsion notice if the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample has passed, unless—

• (a) a warrant to arrest the person to whom the order or notice relates has been issued under section 45; or

• (b) the date has been varied by a Judge under section 42, section 43, section 43A, or section 47 to a date later than the date originally specified in the order or notice.

(2) If a person to whom a compulsion order or databank compulsion notice relates and a constable agree to vary the date specified in a compulsion order or databank compulsion notice on which the person is to attend to give a bodily sample, but for any reason the person does not attend to give the sample on that date, the person may attend to give the sample on—

• (a) the date specified in the order or notice, which may be the date as varied by a Judge under section 42, section 43, section 43A, or section 47; or

• (b) any other date before the date specified in the order or notice, agreed to by the person to whom the order or notice relates and a constable under section 24A(2) or (4)(b) or section 39A(2)(c) or (3)(b)(ii).

(1) To avoid doubt, in this section and section 45A, a reference to a date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates is to attend to give a bodily sample—

• (a) includes, if applicable, a date varied by a Judge under section 42, section 43, section 43A, or section 47; but

• (b) does not include a date varied by agreement between the person to whom the order or notice relates and a constable under section 24A(2) or (4)(b) or section 39A(2)(c) or (3)(b)(ii).

(2) If a compulsion order is made or a databank compulsion notice is issued, a Judge of the appropriate court may, on an application made by the applicant for the order, or any other constable who is of or above the level of position of sergeant, direct the issue of a warrant to arrest and detain the person to whom the order or notice relates, subject to section 45A(2)(b), until a bodily sample is taken.

(3) For the purposes of subsection (2), the appropriate court is,—

• (a) in relation to a compulsion order, the court in which the compulsion order was made; and

• (b) in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the relevant offence, or is due to appear for sentence for the relevant offence, in relation to which the notice has been issued.

(4) A Judge must not direct the issue of a warrant before the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates is to attend to give a bodily sample, unless the Judge is satisfied by evidence given on oath—

• (a) that the person to whom the order or notice relates is unlikely to attend to give a bodily sample on the date specified in the order or notice, either—

  • (i) because the person to whom the order or notice relates has absconded; or

  • (ii) because there are reasonable grounds to believe that the person to whom the order or notice relates is about to abscond; and

• (b) that—

  • (i) all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or

  • (ii) the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and

• (c) that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—

  • (i) in the order or notice under section 47 if the person to whom the order or notice relates was not the applicant for the variation; or

  • (ii) in the notice under section 42, section 43, or section 43A.

(5) A Judge must not direct the issue of a warrant on or after the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates was to attend to give a bodily sample unless the Judge is satisfied by evidence given on oath—

• (a) that the person to whom the order or notice relates has failed to attend to give a bodily sample on the date specified in the order or notice; and

• (b) that—

  • (i) all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or

  • (ii) the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and

• (c) that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—

  • (i) in the order or notice under section 47 if the person to whom the order or notice relates was not the applicant for the variation; or

  • (ii) in the notice under section 42, section 43, or section 43A.

(6) Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom a compulsion order or databank compulsion notice relates was, or will be, unable to attend to give a bodily sample on the date specified in the compulsion order or databank compulsion notice due to reasons outside that person’s control.

(1) Every warrant issued under section 45—

• (a) must be in the prescribed form; and

• (b) expires immediately after a bodily sample is taken from the person to whom the compulsion order or databank compulsion notice in relation to which the warrant is issued relates.

(2) A warrant issued under section 45 authorises—

• (a) the arrest of the person to whom the compulsion order or databank compulsion notice relates; and

• (b) the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours.

(3) A bodily sample taken pursuant to a warrant issued under section 45 must be taken in accordance with the compulsion order or databank compulsion notice to which the person is subject.

(4) Despite subsection (3), a bodily sample taken pursuant to a warrant need not be taken at the place, on the date, or at the place and on the date specified in the compulsion order or databank compulsion notice.

(5) The power to arrest and detain a person pursuant to a warrant issued under section 45 may be exercised on 1 occasion only.

(1) This section applies to a person in respect of whom a compulsion order has been made, or a databank compulsion notice has been issued, if that person is detained—

• (a) in the custody of the Police; or

• (b) in the custody of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or

• (c) in custody any prison; or

• (d) in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

• (e) in a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

(2) A person having custody of, or responsibility for, a person to whom this section applies must cause that person to attend at the place where, and on the date on which, a bodily sample is to be taken pursuant to the compulsion order or databank compulsion notice.

(3) To avoid doubt, a place where, or a date on which, a person is to attend to give a bodily sample pursuant to a compulsion order or databank compulsion notice may be, if applicable,—

• (a) a place or date as varied by a Judge under section 42, section 43, section 43A, or section 47; or

• (b) a place or date as varied by agreement between the person to whom the order or notice relates and a constable under section 24A(2) or section 39A(2)(c).

(4) An agreement reached, under section 24A(2) or section 39A(2)(c), between a person to whom this section applies and a constable, to vary the place where, the date on which, or the place where and the date on which, a bodily sample is to be taken under a compulsion order or databank compulsion notice is of no effect unless it has been approved by the person having custody of, or responsibility for, the person to whom this section applies.

(5) The Commissioner must meet any of the following expenses incurred by any person:

• (a) the expense of bringing a person to whom this section applies to the place where the bodily sample is to be taken; and

• (b) the expense of returning that person to the place where he or she is required to be detained.

(6) The expenses referred to in subsection (5) include, but are not limited to, expenses relating to the maintenance and custody of a person to whom this section applies while he or she is absent from the place where he or she would otherwise be detained.

(1) An agreement reached, under section 24A(4)(b) or section 39A(3)(b)(ii), between a person serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, and a constable to vary the date on which a bodily sample is to be taken, pursuant to a compulsion order or databank compulsion notice, is of no effect unless it has been approved by the probation officer supervising that person.

(2) Subsection (3) applies if—

• (a) a condition is included in a suspect compulsion order or juvenile compulsion order under section 24A(5); or

• (b) a statement is included in a databank compulsion notice under section 39A(4).

(3) If this subsection applies,—

• (a) the Police must, as soon as practicable, give the Department of Corrections notice of the need for the person to leave the place where he or she is detained or required to remain for the purposes of having a bodily sample taken pursuant to a compulsion order or databank compulsion notice; and

• (b) section 46(5) and (6) applies with all necessary modifications.

(1) If a compulsion order is made, or a databank compulsion notice is issued, a constable who is of or above the level of position of sergeant, or a person to whom the order or notice relates, may at any time apply to a Judge of the appropriate court to—

• (a) vary the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample; or

• (b) vary the place specified in the order or notice where the person to whom the order or notice relates is to attend to give a bodily sample; or

• (c) do both of the matters referred to in paragraphs (a) and (b).

(2) For the purposes of subsection (1), the appropriate court is,—

• (a) in relation to a compulsion order, the court in which the compulsion order was made; and

• (b) in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the relevant offence, or is due to appear for sentence for the relevant offence, in relation to which the notice has been issued.

(3) An application may be made under this section at any time, whether before or after the date specified in the compulsion order or databank compulsion notice as the date on which the person to whom the order or notice relates is to attend to give a bodily sample.

(4) If a place, date, or place and date is varied under subsection (1), the varied place, date, or place and date must be treated for the purposes of the relevant compulsion order or databank compulsion notice, and this Act, as the place, date, or place and date specified in the order or notice.

(5) A Judge may, if he or she considers it appropriate, on an application under this section, vary a compulsion order or databank compulsion notice in any manner he or she thinks fit, including (without limitation) variation of—

• (a) the application of a condition included in an order under section 24A(2), (3), or (5); or

• (b) the particulars included in a notice under section 39A(2)(c), or (4).

(6) To avoid doubt, an application must not be made under subsection (1) to vary a date or place, or date and place, agreed to by the person to whom the compulsion order or databank compulsion notice relates and a constable under section 24A(2) or section 39A(2)(c), or to vary a date agreed to by those persons under section 24A(4)(b) or section 39A(3)(b)(ii), but that date or place, or date and place, may be varied by a further agreement between the parties.

(1) If a bodily sample is being taken as a result of a Part 2A request, it may only be taken by way of a buccal sample.

(2) If a bodily sample is being taken as a result of a suspect request or a databank request, or pursuant to a compulsion order or databank compulsion notice, it may, subject to subsections (3) to (5), be taken by any of the following methods:

• (a) venous sample:

• (b) fingerprick sample:

• (c) buccal sample.

(3) In the case of a bodily sample being taken as a result of a suspect request or a databank request, the person from whom the sample is to be taken must be given an opportunity to elect which of the 3 methods referred to in subsection (2) is to be used to take the sample.

(4) In the case of a bodily sample being taken pursuant to a compulsion order or a databank compulsion notice where the Judge has not specified the method by which the sample is to be taken under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B, the person from whom the sample is to be taken must be given an opportunity to elect which of the 3 methods referred to in subsection (2) is to be used to take the sample, and, if—

• (a) he or she agrees to give a sample in compliance with the order or notice, the sample must be taken by the method he or she has chosen; or

• (b) he or she refuses to give a bodily sample in compliance with the order or notice, the sample, if it is taken by force under section 54(2) and, if applicable, section 54(3), must be taken by fingerprick sample.

(5) In the case of a bodily sample being taken pursuant to a compulsion order or databank compulsion notice where the Judge has specified under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B the method by which the sample is to be taken,—

• (a) if the person agrees to give a sample in compliance with the order or notice, the sample must be taken by the method specified by the Judge; or

• (b) if the person refuses to give a bodily sample in compliance with the order or notice, the sample, if taken by force under section 54(2) and, if applicable, section 54(3), must be taken by way of—

  • (i) buccal sample, if the Judge has specified under section 24A(1) or section 42(2)(b)(iii) a buccal sample as the method by which the sample is to be taken (because of the person’s state of health); or

  • (ii) fingerprick sample, in any other case.

(6) A constable may indicate to a person making an election under subsection (3) or (4)(a) that the Police prefer a particular method for taking the sample be used.

(7) If a person has been given a reasonable opportunity under subsection (3) or (4)(a) to chose the method by which the sample is to be taken and has indicated that he or she has no preference as to the method by which the sample is taken, a constable must choose which of the 3 methods is to be used to take the sample.

(8) Section 54(2) and, if applicable, section 54(3) apply if a person refuses to allow a bodily sample to be taken after a decision has been made by a constable under subsection (7).

(1) If a bodily sample is being taken under Part 2B, it may, subject to subsections (2) to (5), be taken by either of the following methods:

• (a) fingerprick sample:

• (b) buccal sample.

(2) The person from whom the sample is to be taken must be given an opportunity to elect which of the 2 methods referred to in subsection (1) is to be used to take the sample.

(3) A constable may indicate to a person making an election under subsection (2) that the Police prefer a particular method for taking the sample.

(4) The sample must be taken—

• (a) by the method in subsection (1) that the person has chosen; or

• (b) if the person has been given a reasonable opportunity to elect which of the methods in subsection (1) is to be used to take the sample and has indicated that he or she has no preference as to the method by which the sample is taken, by the method referred to in subsection (1) chosen by a constable.

(5) Despite subsection (4), if reasonable force is required to take the sample, the sample must be taken by fingerprick sample.

A blood sample taken from a person under this Act must be taken by a suitably qualified person.

(1) If a buccal sample is being taken pursuant to a compulsion order or databank compulsion notice or under Part 2B from a person of or over the age of 17 years, he or she may elect to—

• (a) take the buccal sample himself or herself under the supervision of a constable; or

• (b) have the buccal sample taken by a suitably qualified person.

(2) If a buccal sample is being taken pursuant to a suspect request or a databank request from a person of or over the age of 17 years, the buccal sample must be taken by the person from whom the buccal sample is to be taken himself or herself under the supervision of a constable.

(3) If a buccal sample is being taken under this Act from a person of or over the age of 14 years but under the age of 17 years, he or she may elect to—

• (a) take the buccal sample himself or herself under the supervision of a constable; or

• (b) have the buccal sample taken by a suitably qualified person; or

• (c) in the case of a sample being taken under Part 2B, have the buccal sample taken by an independent adult under the supervision of a constable.

(4) If a buccal sample is being taken under this Act from a child, he or she may elect—

• (a) one of the options set out in subsection (3); or

• (b) to have the buccal sample taken by a parent, under the supervision of a constable.

(5) Despite subsections (1)(a), (2), and (3)(a), if a person is unable to take a buccal sample himself or herself due to disability or injury, the buccal sample must be taken by a suitably qualified person.

(6) Despite subsection (4), a child who is unable to take a buccal sample himself or herself due to disability or injury may only elect to have the buccal sample taken by—

• (a) a parent, under the supervision of a constable; or

• (b) a suitably qualified person.

(7) A bodily sample must not be taken from a child if—

• (a) a buccal sample is to be taken as a result of a Part 2A request; and

• (b) the child is unable to take the buccal sample himself or herself due to disability or injury; and

• (c) the child does not make an election under subsection (6).

(1) A person from whom a bodily sample is taken under Part 2, 2A, or 3 is entitled to have the following persons present during the taking of the sample:

• (a) a lawyer, or another person, of the person’s choice; and

• (b) in the case of a person under the age of 17 years, a parent or other person who has the care of that person.

(2) The constable who is responsible for arranging the taking of a bodily sample from a person pursuant to this Act shall,—

• (a) a reasonable time before that sample is to be taken, ascertain whether or not that person wishes to exercise the right conferred on that person by subsection (1) and, if so, the name of the person or persons chosen by that person pursuant to that subsection; and

• (b) take all reasonable steps to ensure that each person so chosen is notified—

  • (i) that the person from whom the sample is to be taken wishes him or her to be present during the taking of the sample; and

  • (ii) of the date on which, and the time and place at which, the sample is to be taken.

(3) Notwithstanding anything in paragraph (a) of subsection (1), where a bodily sample is to be taken from a person who is under the age of 17 years, the persons referred to in that paragraph may, unless the person from whom the sample is to be taken objects, be chosen, on that person’s behalf, by a parent or other person who has the care of that person, and in any such case the provisions of subsection (2) shall apply with all necessary modifications.

(1) This section and sections 50B to 50D apply to a young person from whom a bodily sample is to be taken under Part 2B.

(2) The young person is entitled to have the following persons present during the taking of the sample:

• (a) a lawyer, or another person, of the young person's choice; and

• (b) a parent or other person who has the care of that young person.

(3) The constable responsible for arranging the taking of the bodily sample must—

• (a) ascertain whether the young person wishes to exercise the right conferred on that person by subsection (2); and

• (b) take all reasonable steps to ensure that each person chosen is notified that the young person wishes him or her to be present during the taking of the sample.

(4) A person referred to in subsection (2)(a) may, unless the young person objects, be chosen on the young person's behalf by a parent or other person who has the care of that young person, and in that case subsection (3) applies with all necessary modifications.

(5) One of the following persons must be present during the taking of a bodily sample from a young person under Part 2B:

• (a) a person chosen under this section by the young person or by a parent or other person who has the care of that young person:

• (b) a person chosen under section 50B(5) by the young person or a parent or other person who has the care of that young person:

• (c) a person chosen under section 50B(5) by a constable:

• (d) a person, who is not a Police employee within the meaning of section 4 of the Policing Act 2008, chosen by the constable if the young person fails or refuses to make a choice under subsection (2).

(1) This section applies if—

• (a) a young person chooses under section 50A to have a person or persons described in section 50A(2) present, or a parent or other person who has the care of that young person chooses under section 50A(4) to have a person described in section 50A(2)(a) present; and

• (b) any person chosen is not present when the choice is made.

(2) The constable may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample.

(3) If the constable issues a notice under subsection (2), the constable must take all reasonable steps to ensure that each person chosen as described in subsection (1)(a) is notified—

• (a) that the young person wishes him or her to be present during the taking of the sample; and

• (b) of the date on which, and the time and place at which, the sample is to be taken.

(4) Subsection (5) applies if a constable believes, on reasonable grounds, that any person chosen as described in subsection (1)(a) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances.

(5) The constable may refuse to allow the young person to have the person described in subsection (1)(a) present and—

• (a) may give the young person or a parent or other person who has the care of that young person the opportunity to—

  • (i) choose another person described in section 50A(2) to be present; or

  • (ii) elect that the constable choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present; or

• (b) if the young person or parent or other person fails or refuses to make a choice or an election under paragraph (a), may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.

(6) If a person chosen under subsection (5) is not present when the choice is made, the constable—

• (a) may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample; and

• (b) if the constable issues a notice under paragraph (a), must take all reasonable steps to ensure that the person chosen is notified,—

  • (i) if applicable, that the young person wishes him or her to be present during the taking of the sample; and

  • (ii) of the date on which, and the time and place at which, the sample is to be taken.

(7) However, if a constable believes, on reasonable grounds, that any person chosen as described in subsection (5)(a)(i) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, the constable may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.

(1) A Judge of the appropriate court may, on application by a person described in subsection (2), issue a warrant to arrest and detain a young person until a bodily sample is taken if the Judge is satisfied that—

• (a) a notice was given to a young person under section 50B(2) or (6); and

• (b) the young person failed to attend as specified in the notice to give a bodily sample.

(2) A person referred to in subsection (1) is—

• (a) the constable who gave the notice; or

• (b) any other constable.

(3) Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom the notice relates was unable to attend to give a bodily sample on the date specified in the notice due to reasons outside that person’s control.

(4) In subsection (1), appropriate court means—

• (a) if the young person has not yet been charged for the triggering offence, the court in which the charge would be laid; or

• (b) if the young person has been charged for the triggering offence, the court in which the charge was laid.

(1) A warrant issued under section 50C—

• (a) must be in the prescribed form; and

• (b) expires immediately after a bodily sample is taken from the person to whom the notice under section 50B (the notice) relates.

(2) A warrant under section 50C authorises—

• (a) the arrest of the person to whom the notice relates; and

• (b) the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours.

(3) If a bodily sample is taken under a warrant issued under section 50C, this Act applies as if the sample is being taken under Part 2B in respect of the triggering offence.

(4) The power to arrest and detain a person under a warrant issued under section 50C may be exercised on 1 occasion only.

Nothing in this Act—

• (a) compels any suitably qualified person to take a bodily sample from any person; or

• (b) compels any lawyer or person chosen under section 50(1)(a) or (3) or 50A(2)(a) or (4) or 50B(5), or any person referred to in section 50(1)(b) or 50A(2)(b), to be present during the taking of a bodily sample; or

• (c) compels any parent to take a buccal sample from his or her child under section 49A(3)(c), (4)(b), or (6)(a).

(1) No person shall be present during the taking of a bodily sample from a person pursuant to this Act except—

• (a) a constable, who, where practicable, shall be of the same sex as the person:

• (b) the suitably qualified person who is to take the sample or the constable who will supervise the taking of the sample or, if section 49A(4)(b) or (6)(a) applies, the parent taking a buccal sample and the constable who will supervise the taking of the buccal sample:

• (c) any person who is chosen, pursuant to subsection (1) or subsection (3) of section 50 or section 50A(2) or (4) or 50B(5), by or on behalf of the person from whom the sample is to be taken:

• (d) any person referred to in section 50(1)(b) or 50A(2)(b), if the person from whom the sample is to be taken wishes the person to be present:

• (da) in the case of a suspect under the age of 17 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A request and who has elected to take a buccal sample himself or herself, an independent adult, who may be one of the persons referred to in paragraph (c) or paragraph (d):

• (e) where the person from whom the sample is to be taken is in custody, any person who is for the time being guarding or escorting that person:

• (f) any person chosen by a constable under section 50B(5):

• (g) any other person who is entitled by or under this Act to be present.

(2) [Repealed]

A suspect who is under the age of 17 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A request and who has elected to take a buccal sample himself or herself must not take the buccal sample unless—

• (a) an independent adult is present when the buccal sample is taken; and

• (b) the suspect has confirmed, in the presence of that independent adult, before taking the buccal sample, that he or she has elected to take a buccal sample himself or herself.

Subject to section 52, a bodily sample taken from a person pursuant to this Act shall be taken in circumstances affording reasonable privacy to that person.

(1) If a bodily sample is to be taken pursuant to a compulsion order or databank compulsion notice, a constable must do the following:

• (a) unless the method by which the sample is to be taken has been specified by a Judge under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B, first ascertain from the person from whom the sample is to be taken whether he or she wishes the sample to be taken by way of venous sample, fingerprick sample, or buccal sample:

• (b) if the person is not a person in relation to whom a Judge has specified the method by which the sample is to be taken, inform the person that if he or she refuses to give a bodily sample, that a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample:

• (c) if the person is a person in relation to whom a Judge has specified the method by which the sample is to be taken under section 17A or section 44B, or is a person in relation to whom a Judge has specified under section 24A(1) or section 42(2)(b)(iii) that the sample is to be taken by way of a blood sample, inform the person that if he or she refuses to give a bodily sample, that, despite the Judge having specified the method by which the sample is to be taken, a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample:

• (d) if he or she is a person in relation to whom a Judge has specified under section 24A(1) or section 42(2)(b)(iii) that because of the state of the person’s health, the bodily sample must be taken by way of a buccal sample, inform the person that if he or she refuses to give a buccal sample, a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a buccal sample.

(2) If a person refuses to give a bodily sample pursuant to a compulsion order or a databank compulsion notice, a constable may—

• (a) use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample; or

• (b) if a Judge has specified under section 24A(1) or section 42(2)(b)(iii) that, because of the state of the person’s health, the bodily sample must be taken by way of buccal sample, use or cause to be used reasonable force to assist a suitably qualified person to take a buccal sample.

(3) If a person who refuses to give a bodily sample is detained in a prison, a prison officer may, on a request made by a constable, use or cause to be used reasonable force to aid a constable to assist a suitably qualified person to take a fingerprick sample or, if subsection (2)(b) applies, a buccal sample, from that person.

(4) If a constable exercises the power conferred by subsection (2), that constable must, not later than 3 days after exercising that power, furnish to the Commissioner a written report of the exercise of that power.

(1) If a constable proposes to require a person to give a bodily sample under Part 2B, the constable must—

• (a) ascertain from the person whether he or she wishes the sample to be taken by way of fingerprick sample or buccal sample:

• (b) inform the person that if he or she refuses to give a bodily sample a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample.

(2) If a person refuses to give a bodily sample when required to do so under Part 2B, a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample.

(1) Subject to any regulations made under this Act, on the taking of a venous sample pursuant to this Act, the person taking the sample shall ask the person from whom the sample is taken whether or not he or she wishes to have part of the sample for the purposes of having it analysed on his or her own behalf.

(2) If the person responds in the affirmative to the question put to him or her in accordance with subsection (1),—

• (a) the sample shall be divided into 2 parts; and

• (b) each part shall be placed in a separate container, which shall then be sealed; and

• (c) one part of the venous sample must be delivered—

  • (i) immediately to the person from whom it was taken; or

  • (ii) if the person from whom the venous sample is taken is in custody (other than pursuant to a warrant issued under section 45),—

    • (A) as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the venous sample is taken; or

    • (B) immediately to any person nominated for the purpose if the nominated person is present when the venous sample is taken.

(3) If the person responds in the negative, or fails or refuses to respond, to the question put to him or her in accordance with subsection (1), all or part of the sample shall be placed in a container, which shall then be sealed.

(4) Any anti-coagulant substance may be added to any venous sample by placing it in the container, whether before or after the sample is taken and placed in the container.

Subject to any regulations made under this Act, on the taking of a fingerprick sample pursuant to this Act, the person taking the sample shall—

• (a) place the sample in a container, which shall be sealed as soon as practicable after the sample has dried; and

• (b) ask the person from whom the sample is taken whether or not he or she wishes to have a second fingerprick sample taken for the purposes of having the sample analysed on his or her own behalf; and

• (c) if the person responds in the affirmative, take a second fingerprick sample from the person, but only with that person’s consent; and

• (d) deliver any second fingerprick sample—

  • (i) immediately to that person; or

  • (ii) if the person from whom the fingerprick sample is taken is in custody (other than pursuant to a warrant issued under section 45),—

    • (A) as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the fingerprick sample is taken; or

    • (B) immediately to any person nominated for the purpose if the nominated person is present when the fingerprick sample is taken.

(1) This section applies to the following persons:

• (a) any constable supervising the taking of a buccal sample; and

• (b) any suitably qualified person taking a buccal sample.

(2) Any person to whom this section applies must, after the taking of a buccal sample,—

• (a) as soon as is practicable,—

  • (i) seal the buccal sample in a container once it has dried; or

  • (ii) place the buccal sample in a container in a way that allows it to dry; and

• (b) ask the person from whom the buccal sample was taken whether or not he or she wishes to have a second buccal sample taken for the purposes of having the buccal sample analysed on his or her own behalf; and

• (c) if the person responds in the affirmative,—

  • (i) in the case of a constable supervising the taking of the buccal sample, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); or

  • (ii) in the case of a suitably qualified person, with the person’s consent take a second buccal sample or, if the person so requests, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); and

• (d) deliver any second buccal sample—

  • (i) immediately to that person; or

  • (ii) if the person from whom the buccal sample was taken is in custody (other than pursuant to a warrant issued under section 45),—

    • (A) as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the buccal sample is taken; or

    • (B) immediately to any person nominated for the purpose if the nominated person is present when the buccal sample is taken.