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Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Authority to obtain bodily sample from suspects

5: Authority to take bodily sample from suspect

You could also call this:

"When can the police take a bodily sample from someone suspected of a crime?"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can have a bodily sample taken from you if you are a suspect in a crime. This can only happen if the crime is serious enough to send someone to prison or is listed in Part 3 of Schedule 1. You must agree to give the sample, or a parent must agree if you are under 18. If you are 18 or older, you can consent to the sample being taken, as explained in section 9. If you are 14 to 17 years old, both you and a parent must consent, following the rules in section 9. The sample can also be taken if you have a suspect compulsion order or a juvenile compulsion order. The sample must be taken following the rules set out in Part 4. This is how the police can get a bodily sample from you to help with their investigation, as long as they follow the rules. You have the right to know how this process works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369037.

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Topics:
Crime and justice > Police and safety
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5A: Relationship to Part 2B, or

"Taking a bodily sample is allowed even if one was taken before"

Part 2Obtaining bodily samples from suspects
Authority to obtain bodily sample from suspects

5Authority to take bodily sample from suspect

  1. Subject to section 72, in any criminal investigation in respect of an offence committed or believed to have been committed, a bodily sample may be taken from a suspect, for the purposes of that investigation, on behalf of any constable only if—

  2. the offence is an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1; and
    1. either,—
      1. in the case of a suspect who is of or over the age of 18 years, the suspect consents to the taking of that sample in accordance with section 9; or
        1. in the case of a suspect who is of or over the age of 14 years but under 18 years, both the suspect and a parent of the suspect consent to the taking of that sample in accordance with section 9; or
          1. the sample is taken under and in accordance with a suspect compulsion order or a juvenile compulsion order; and
          2. the sample is taken in accordance with the procedures set out in Part 4.

            Notes
            • Section 5 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 5: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 5: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 5(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
            • Section 5(a): amended, on , by section 33 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
            • Section 5(b)(i): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
            • Section 5(b)(ii): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).