Part 2Obtaining bodily samples from suspects
Obtaining bodily sample by court order from persons 18 and over
13Application for order authorising taking of bodily sample
An application may be made in accordance with this section to a District Court Judge or a High Court Judge for an order requiring a suspect who is of or over the age of 18 years to give a bodily sample in any case where—
- there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1; and
- the suspect has refused to consent to the taking of a bodily sample in response to a suspect request made in respect of that offence, or a related offence.
Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector, in writing and on oath, and shall set out the following particulars:
- the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1:
- the reasons why it is considered necessary to obtain a suspect compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily sample taken from the respondent would tend to confirm or disprove the respondent’s involvement in the commission of the offence:
- where possible, the type of analysis that is likely to be required in respect of the bodily sample sought from the respondent, having regard to the nature of the material (being material of the kind referred to in paragraph (b) of section 16(1)) found in any of the circumstances referred to in that paragraph.
Subject to section 15, where an application is made under this section,—
- the applicant shall serve notice of the application on the respondent; and
- both the applicant and the respondent are entitled to appear and to adduce evidence at the hearing of the application.
In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law.
Notes
- Section 13 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 13(1): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
- Section 13(1): amended, on , by section 114 of the Courts Matters Act 2018 (2018 No 50).
- Section 13(1): amended, on , by section 36(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
- Section 13(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 13(1)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
- Section 13(1)(a): amended, on , by section 36(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
- Section 13(1)(b): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 13(2): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
- Section 13(2)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
- Section 13(2)(a): amended, on , by section 36(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
- Section 13(2)(b): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 13(2)(c): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).