Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily sample by court order from persons under 18

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

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

18 Application for order authorising taking of bodily sample from person under 18

(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 18 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 Schedule 1; 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 Oranga Tamariki 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 Schedule 1:

(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 Oranga Tamariki 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.

Section 18 heading: amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 18 heading: amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 18(1): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 18(1): amended, on 5 December 2011, by section 40(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 18(1): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 18(1)(a): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 18(1)(a): amended, on 5 December 2011, by section 40(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 18(1)(b): substituted, on 1 October 2010, by section 55(3) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 18(1)(b)(iii)(A): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18(1)(c): amended, on 15 April 2004, by section 15(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 18(1)(c)(ii): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 18(2): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Section 18(2)(a): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 18(2)(a): amended, on 5 December 2011, by section 40(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 18(2)(b): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 18(2)(c): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 18(3)(a)(iii): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18(3)(b)(vii): amended, on 5 December 2011, by section 40(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).