Criminal Investigations (Bodily Samples) Act 1995

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31 Form and content of notice

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.

Section 31(b)(vi): amended, on 15 April 2004, by section 22(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 31(b)(vii): substituted, on 15 April 2004, by section 22(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 31(b)(viii): amended, on 15 April 2004, by section 22(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 31(b)(xi): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).