Criminal Investigations (Bodily Samples) Act 1995

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

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

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If a Judge makes another order to take a bodily sample from you for the same crime, they must say how it will be done. When the Judge decides how to take the sample, they think about what a senior police officer and you want. They consider your views and the police officer's views on which method to use.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369083.

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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"


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18: Application for order authorising taking of bodily sample from person under 18, or

"Applying to take a bodily sample from a young person for a serious crime investigation"

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

17AJudge to specify method of taking sample if further suspect compulsion order made

  1. If a Judge decides to make a further suspect compulsion order in respect of a person against whom a previous suspect compulsion order has been made for the same offence, the Judge must specify in the order the method by which a bodily sample is to be taken.

  2. In determining the method by which a bodily sample is to be taken, the Judge must have regard to—

  3. any view expressed by the constable who is of or above the level of position of inspector who is making the application regarding which of the 3 methods should be used; and
    1. any view expressed by the respondent regarding which of the 3 methods should be used.
      Notes
      • Section 17A: inserted, on , by section 14 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
      • Section 17A(2)(a): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).