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

17: Further applications for suspect compulsion order

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can make another application for a suspect compulsion order under section 13 for the same offence. This is even if someone has already applied for or been given a suspect compulsion order for that offence. You can do this whether or not the previous application or order was about the same person. You can also apply again under section 13 if you have applied before. But the Judge can say no to your new application if they think it is vexatious or an abuse of the court process, despite what section 16 says. The Judge makes this decision if they have already had an application under section 13 for the same offence.

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 It might be out of date or be missing some parts.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=DLM369082.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

16: Judge may authorise bodily sample to be taken, or

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

Next

17A: Judge to specify method of taking sample if further suspect compulsion order made, or

"Judge decides how to take a bodily sample from you if another order is made"

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

17Further applications for suspect compulsion order

  1. Nothing in this Act—

  2. prohibits the making of an application under section 13 for a suspect compulsion order in respect of an offence; or
    1. prohibits a Judge from making a suspect compulsion order in respect of an offence—
        1. merely because such an order has previously been sought or made in respect of that offence, whether or not the previous application or order related to the same person.

      1. Notwithstanding anything in this section or in section 16, where a further application for a suspect compulsion order is made under section 13 in respect of an offence in relation to which a previous application under section 13 has been made, the Judge may refuse to make the order sought if he or she is satisfied that the further application is vexatious or an abuse of the process of the court.