33 Identifying particulars for summons

(1)

The purpose of this section is to enable the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.

(2)

For the purpose of this section, a constable who has good cause to suspect a person of committing an offence and who intends to bring proceedings against the person in respect of that offence by way of summons, may detain that person at any place—

(a)

in order to take the person’s identifying particulars; and

(b)

only for the period necessary to take the person’s identifying particulars.

(3)

A constable—

(a)

must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and

(b)

may only use reasonable force that may be necessary to secure the person’s identifying particulars.

(4)

A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section—

(a)

commits an offence; and

(b)

is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

Compare: 1958 No 109 s 44E

Section 33(4)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).