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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

50C: Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B

You could also call this:

"Judge can arrest you if you don't give a bodily sample as told"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are a young person and you do not attend to give a bodily sample as specified in a notice under section 50B(2) or (6), a Judge may issue a warrant to arrest and detain you. You will be held until a bodily sample is taken. The Judge can do this if they are satisfied that you failed to attend as specified in the notice. A constable who gave the notice or any other constable can ask the Judge to issue a warrant. The Judge does not have to issue a warrant if they think you had a good reason for not attending. The Judge who makes the decision is from the court where your charge would be filed, or where it was filed if you have already been charged. This is called the appropriate court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3220313.

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50B: Further provision if other person chosen to be present not present when choice made, or

"What happens if the person you choose to be with you isn't there when you need them"

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50D: Form and effect of warrant issued under section 50C, or

"What a police warrant to take a bodily sample looks like and what it can be used for"

Part 4Procedures for taking bodily samples
Procedure for taking bodily samples

50CJudge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B

  1. A Judge of the appropriate court may, on application by a person described in subsection (2), issue a warrant to arrest and detain a young person until a bodily sample is taken if the Judge is satisfied that—

  2. a notice was given to a young person under section 50B(2) or (6); and
    1. the young person failed to attend as specified in the notice to give a bodily sample.

      1. A person referred to in subsection (1) is—

      2. the constable who gave the notice; or
        1. any other constable.

          1. Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom the notice relates was unable to attend to give a bodily sample on the date specified in the notice due to reasons outside that person’s control.

          2. In subsection (1), appropriate court means—

          3. if the young person has not yet been charged for the triggering offence, the court in which the charge would be filed; or
            1. if the young person has been charged for the triggering offence, the court in which the charge was filed.

              Notes
              • Section 50C: inserted, on , by section 15 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
              • Section 50C(4)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 50C(4)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).