Part 2Obtaining bodily samples from suspects
Obtaining bodily sample by consent
9Consent to taking of bodily sample
No consent to the taking of a bodily sample in response to a suspect request shall be valid unless—
- it is in writing and signed by the person giving the consent; or
- it is given orally and recorded on a video record.
Where any such consent is in writing, the consent shall be signified on the notice required by section 6(2)(a) to be handed to the suspect at the time of the making of the suspect request, or on a copy of that notice.
Where any such consent is recorded on a video record, the video record must clearly show,—
- in the case of a consent given by a suspect,—
- the making of the suspect request to the suspect; and
- the handing to the suspect of the notice required by section 6(2)(a) of this Act; and
- the giving of consent to the taking of the sample:
- the making of the suspect request to the suspect; and
- in the case of a consent given by a parent of a suspect,—
- the giving to that person of the copy of the notice required by section 6(2)(a), as required by section 8(2)(a), or an acknowledgement by that person that a copy of that notice has been so given to him or her; and
- the giving of consent to the taking of a sample from the suspect.
- the giving to that person of the copy of the notice required by section 6(2)(a), as required by section 8(2)(a), or an acknowledgement by that person that a copy of that notice has been so given to him or her; and
Notes
- Section 9 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 9(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 9(1)(b): amended, on , by section 5(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).
- Section 9(3): amended, on , by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).
- Section 9(3)(b)(i): amended, on , by section 12 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).


