Criminal Investigations (Bodily Samples) Amendment Act 2009

Reprint as at 5 December 2011

Criminal Investigations (Bodily Samples) Amendment Act 2009

Public Act2009 No 46
Date of assent2 November 2009
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
New authority to take and retain bodily samples, and other amendments to principal Act

Preliminary provisions

4 Interpretation

5 New section 2A inserted

Amendment to Part 2 of principal Act

6 New section 5A inserted

New authority to take bodily samples

7 New Part 2B inserted

Other amendments to principal Act

8 Information that may be kept on DNA profile databank

9 New sections 26A and 26B inserted

10 Heading above section 45AA amended

11 Method by which bodily sample may be taken

12 New section 48A inserted

13 Persons authorised to take buccal samples

14 Person giving sample entitled to have certain other persons present

15 New sections 50A to 50D inserted

16 Suitably qualified persons and certain other persons, not compelled to take sample or be present

17 Who may be present when bodily sample taken

18 New section 54A inserted

19 Disposal of bodily samples and identifying information obtained under Part 2

20 New section 60A inserted

21 Extension of period for which sample may be retained

22 Material extracted from samples to be destroyed

23 Translation of notices

24 Non-attendance of persons not to affect admissibility of evidence

25 Information stored on DNA profile databank not admissible in criminal proceedings

26 New section 71A inserted

27 Information relating to bodily samples to be included in annual report of Police

28 Offences

29 Indemnity

30 New Part 3 added to Schedule

31 Savings provision relating to new relevant offences

Part 2
Extension of authority to take and retain bodily samples

Preliminary provision

32 Interpretation

Amendments to Part 2 of principal Act

33 Authority to take bodily sample from suspect

34 Request to consent to taking of bodily sample

35 Form and content of notice

36 Application for order authorising taking of bodily sample

37 Prohibition against publication of name of respondent

38 Information may be withheld from respondent

39 Judge may authorise bodily sample to be taken

40 Application for order authorising taking of bodily sample from person under 17

41 Judge may authorise bodily sample to be taken

42 Form and content of compulsion order

Amendments to Part 2B of principal Act

43 Part 2B heading amended

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

Other amendments to principal Act

45 Information that may be kept on DNA profile databank

46 Removal of certain DNA profiles from DNA profile databank

47 Certain young persons may apply for removal of DNA profiles from DNA profiles databank

48 Issue and service of databank compulsion notice

49 Disposal of bodily samples and identifying information obtained under Part 2

50 Extension of period for which sample may be retained

Schedule
New Part 3 added to Schedule

Reprint notes