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Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by consent

12: Right of suspect in custody to consult lawyer

You could also call this:

"Your right to talk to a lawyer when police ask for a bodily sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You have the right to talk to a lawyer in private if you are a suspect and the police are asking you for a bodily sample while you are in custody. You can get advice from a lawyer about the request for a bodily sample. The police can still take steps to keep you and others safe, and to stop you from escaping or damaging property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369064.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
Previous

11: Consent deemed to have been refused, or

"Saying no to giving a bodily sample if you don't agree within 48 hours"

Next

13: Application for order authorising taking of bodily sample, or

"Asking a judge for permission to take a bodily sample from someone suspected of a serious crime"

Part 2Obtaining bodily samples from suspects
Obtaining bodily sample by consent

12Right of suspect in custody to consult lawyer

  1. Subject to subsection (2), every suspect to whom a suspect request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request.

  2. Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary—

  3. to prevent the suspect from escaping; or
    1. to ensure the safety of the suspect or any other person; or
      1. to prevent the suspect from damaging any property.