New Zealand Legislation: Bills

7 New Part 2B inserted

• The following Part is inserted after section 24I:

  “Part 2B
  “Taking bodily sample from person arrested or intended to be charged with relevant offence

  “24J Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence

  • “(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 a relevant offence 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 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.

  “24K Authority to take bodily sample from young person arrested or intended to be charged with relevant offence

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

    • “(a) either—

      • “(i) the person is in the lawful custody of the Police and being detained for committing a relevant offence and is at a Police station or at any other place being used for Police purposes; or

      • “(ii) 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; and

    • “(b) either or both of the circumstances specified in paragraphs (a) and (b) of subsection (2) apply.

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

    “(2) The circumstances referred to in subsection (1)(b) are—

    • “(a) that the maximum term of imprisonment for the offence is 7 years or more or imprisonment for life:

    • “(b) that the person—

      • “(i) has 1 or more previous convictions; or

      • “(ii) has had an alternative resolution imposed where that person admitted to an offence for which the person had been charged (for example, diversion); or

      • “(iii) has admitted to an offence and been the subject of a family group conference under Part 4 of the Children, Young Persons, and Their Families Act 1989.

    “(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.

    “(3) The sample must be taken in accordance with the procedures set out in Part 4.

    “(4) If subsection (1)(a)(ii) (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.

  “24L Relationship to Part 2

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

  “24M Information to be given to person

  • 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, 50B, 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.

  “24N Form and content of notice

  • 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, 52B 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.

  “24O Part 2B temporary databank

  • 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.

  “24P Information that may be kept on Part 2B temporary databank

  • 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).

  “24Q Removal of DNA profiles from Part 2B temporary databank

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

  “24R Access to and disclosure of information on 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).

  “24S Access to and use of bodily samples taken under this Part

  • 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).”