Criminal Investigations (Bodily Samples) Act 1995

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Obtaining bodily sample by consent

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

6 Request to consent to taking of bodily sample

(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 Schedule 1 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 Schedule 1, an application may be made to a District Court Judge for an order requiring the suspect to give a bodily sample.

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

Section 6(1): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 6(1): amended, on 5 December 2011, by section 34(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 6(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

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

Section 6(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 6(2)(b)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

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

Section 6(2)(b)(vii): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 6(2)(b)(vii): amended, on 5 December 2011, by section 34(2)(a) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 6(2)(b)(vii): amended, on 5 December 2011, by section 34(2)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

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