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Criminal Investigations (Bodily Samples) Act 1995

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

23: Judge may authorise bodily sample to be taken

You could also call this:

"A Judge can order a young person to give a bodily sample to help solve a crime"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are under 18 and the police think you committed a crime, a Judge can order you to give a bodily sample. This can happen if the Judge believes you might have committed the crime and it's okay to prosecute you for it. The Judge must think it's reasonable to take a bodily sample from you. The Judge considers many things before making this decision, like how serious the crime is and how old you are. They also think about why you or your parents might not want to give a bodily sample. The Judge wants to know if taking a bodily sample will help solve the crime. If the Judge decides to wait before making a decision, it's so you can choose to give a bodily sample willingly. The Judge only waits as long as needed for you to make this choice. A bodily sample can help prove or disprove that you were involved in the crime. The Judge must believe it's reasonable to take a bodily sample from you before they make an order. You can be asked to give a bodily sample if the crime is very serious, like murder, or if you're old enough to be prosecuted for the crime. The Judge looks at all the facts before making a decision about a bodily sample. They think about the crime, your age, and what you and your parents say. The Judge also considers if taking a bodily sample is important for solving the crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369098.

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24: Form and content of compulsion order, or

"What to Expect from a Compulsion Order to Give a Bodily Sample"

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

23Judge may authorise bodily sample to be taken

  1. On the hearing of an application for a juvenile compulsion order, a 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 under the age of 18 years) has committed the offence to which the application relates; and
    1. the respondent may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,—
      1. the offence of murder or manslaughter; or
        1. an offence (other than murder or manslaughter)—
          1. that is alleged to have been committed when the respondent was aged 12 or 13 years; and
            1. for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
            2. an offence (other than murder or manslaughter)—
              1. that is alleged to have been committed when the respondent was aged 12 or 13 years, and was for the purposes of section 272(1)(c) of the Oranga Tamariki Act 1989 a previous offender under section 272(1A) or (1B) of that Act; and
                1. for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and
              2. where the respondent was of or over the age of 14 years at the time the offence in relation to which the application is made was committed,—
                1. a suspect request has been made to the respondent in respect of that offence, or a related offence; and
                  1. consent to the taking of a bodily sample in response to the request has been refused, either by the respondent or by a parent of the respondent, or both; and
                  2. 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. in all the circumstances, it is reasonable to make the order.

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

                                2. the nature and seriousness of the offence to which the application relates; and
                                  1. the age of the respondent; and
                                    1. any reasons given by—for opposing the making of the order sought; and
                                      1. the respondent; and
                                        1. any parent or person having the care of the respondent—
                                        2. 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 juvenile 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 juvenile 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 23 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(1)(a): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                                                  • Section 23(1)(a): amended, on , by section 41 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                                  • Section 23(1)(b): substituted, on , by section 55(4) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                                                  • Section 23(1)(b)(iii)(A): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                                  • Section 23(1)(c): amended, on , by section 16(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(1)(c)(ii): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(1)(d): substituted, on , by section 16(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(1)(e): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(2)(d): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(3)(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(3)(b): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(3)(c): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                                  • Section 23(4): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).