Plain language law

New Zealand law explained for everyone

Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by court order from persons 18 and over

16: Judge may authorise bodily sample to be taken

You could also call this:

"A Judge can order you to give a bodily sample to help solve a crime."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

A Judge can order you to give a bodily sample if they think you might have committed a crime. The Judge must be satisfied that there is a good reason to think you committed the crime and that material from the crime scene or victim could be linked to you. The Judge will consider things like how serious the crime is and what you say about why you do not want to give a sample. The Judge will also think about whether you have been given a chance to give a sample voluntarily. If you have not given a sample, the Judge might give you more time to think about it. You are over 18 years old and the Judge needs to decide if taking a bodily sample from you is reasonable. The Judge looks at many things before making a decision, including the importance of getting a bodily sample to investigate the crime. They will consider all the information they have before deciding what to do. This is all part of the process to figure out if you were involved in a crime.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369072.

This page was last updated on — View changes

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

15: Information may be withheld from respondent, or

"A court can keep some information secret to keep people safe or help solve crimes."

Next

17: Further applications for suspect compulsion order, or

"Asking again for a court order to take a bodily sample from someone suspected of a crime"

Part 2Obtaining bodily samples from suspects
Obtaining bodily sample by court order from persons 18 and over

16Judge may authorise bodily sample to be taken

  1. On the hearing of an application for a suspect compulsion order, a District Court Judge or a High Court Judge may make an order requiring the respondent to give a bodily sample if the Judge is satisfied that—

  2. there is good cause to suspect that the respondent (being a person who is of or over the age of 18 years) has committed the offence to which the application relates; and
    1. material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
      1. at the scene of the offence; or
        1. on the victim of the offence; or
          1. from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
            1. on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
              1. on any person or thing reasonably believed to have been associated with the commission of the offence; and
              2. 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; and
                1. the respondent has refused to consent to the taking of a bodily sample in response to a suspect request made in respect of the offence, or a related offence; and
                  1. in all the circumstances, it is reasonable to make the order.

                    1. In considering whether or not to make a suspect compulsion order, the Judge shall have regard to—

                    2. the nature and seriousness of the offence to which the application relates; and
                      1. any reasons given by the respondent for opposing the making of the order sought; and
                        1. any evidence regarding the importance, to the investigation of the offence, of obtaining a bodily sample from the respondent; and
                          1. any other matter that the Judge considers relevant.

                            1. Without limiting the generality of subsection (2), in considering whether or not to make a suspect compulsion order, the Judge shall also have regard to the following matters:

                            2. whether or not the respondent has offered, or been given an opportunity, to give a specimen from his or her body (other than a bodily sample) from which a DNA profile may be obtained for the purpose of confirming or disproving the respondent’s involvement in the commission of the offence to which the application relates, or a related offence:
                              1. if such an offer has been made, or such an opportunity has been given, whether or not the respondent has given such a specimen:
                                1. if the respondent has given such a specimen, whether or not a suitable DNA profile has been obtained from that specimen for the purpose referred to in paragraph (a).

                                  1. Where the Judge adjourns the hearing of any proceedings on an application for a suspect compulsion order for the purpose of giving the respondent an opportunity to give, by consent, a specimen from his or her body (including a bodily sample) from which a DNA profile may be obtained for the purpose of confirming or disproving the respondent’s involvement in the commission of the offence to which the application relates, the period of the adjournment shall be only for as long as the Judge considers reasonably necessary for the purpose of giving the respondent that opportunity.

                                  Notes
                                  • Section 16 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(1): amended, on , by section 117 of the Courts Matters Act 2018 (2018 No 50).
                                  • Section 16(1): amended, on , by section 39(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                  • Section 16(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(1)(a): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                                  • Section 16(1)(a): amended, on , by section 39(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                  • Section 16(1)(b): substituted, on , by section 13 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(1)(c): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(1)(d): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(2)(c): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(3)(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(3)(b): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(3)(c): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                  • Section 16(4): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).