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Criminal Investigations (Bodily Samples) Act 1995

Taking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

24J: Authority to take bodily sample from person of or over 18 years arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

You could also call this:

"Police can take a bodily sample from you if you're 18 or older and suspected of a serious crime."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are 18 years or older and a police officer thinks you have committed a serious crime, they can ask you to give a bodily sample. This can happen if you are being held by the police for a crime like one listed in Part 3 of Schedule 1, or if a police officer suspects you of committing one of these crimes and wants to charge you. The sample must be taken in a certain way, as set out in Part 4. If a police officer suspects you of committing a crime and wants to take a bodily sample, they can hold you for a short time to do this. You can be held at a police station or another place used by the police. The police officer can only hold you for as long as it takes to get the sample. A bodily sample can be taken from you if you are suspected of committing a serious crime, like one listed in Part 3 of Schedule 1. The police must follow certain procedures when taking the sample, as outlined in Part 4. You will be held for a short time while the sample is taken.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3219801.

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Topics:
Crime and justice > Police and safety
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"Police must send your buccal sample to a trusted agency quickly."

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

"Police can take a bodily sample from a young person arrested or charged with a crime"

Part 2BTaking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

24JAuthority to take bodily sample from person of or over 18 years arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

  1. A constable may require a person who is of or over the age of 18 years to give a bodily sample if either—

  2. the person is in the lawful custody of the Police and being detained for committing an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 and is at a Police station or at any other place being used for Police purposes; or
    1. a constable has good cause to suspect the person of committing an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 and intends to bring proceedings against the person in respect of that offence by filing a charging document.

      1. The sample must be taken in accordance with the procedures set out in Part 4.

      2. If subsection (1)(b) applies, a constable may detain the person at any place—

      3. in order for the bodily sample to be taken; and
        1. only for the period necessary in order for the bodily sample to be taken.

          Notes
          • Section 24J: inserted, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
          • Section 24J heading: amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
          • Section 24J heading: amended, on , by section 43(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
          • Section 24J heading: amended, on , by section 44(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
          • Section 24J(1): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
          • Section 24J(1)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
          • Section 24J(1)(a): amended, on , by section 44(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
          • Section 24J(1)(b): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
          • Section 24J(1)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 24J(1)(b): amended, on , by section 44(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).