24AConditions included in compulsion order

1. Without limiting the generality of section 24(2)(b), if a Judge is satisfied that it is necessary to do so on account of a respondent’s state of health, the Judge may include in a suspect compulsion order or juvenile compulsion order the condition that a bodily sample must not be taken unless—

2. it is taken by a particular method specified in the order by the Judge; and
3. an independent medical practitioner approved by the Judge has certified that the method will not cause serious harm to the health of the respondent.

4. Every suspect compulsion order and every juvenile compulsion order is, unless subsection (3) or subsection (4) or subsection (5) applies, subject to the condition that the respondent may attend to give a bodily sample at a different place, on an earlier date, or at a different place and on an earlier date than that specified in the order if, and only if, the respondent and a constable agree to vary the place, date, or place and date specified in the order.

5. If a Judge believes good reasons exist why the respondent must attend to give a bodily sample at the place, on the date, or at the place and on the date specified in the suspect compulsion order or juvenile compulsion order, the Judge may include the condition that the respondent must attend to give the sample at the place, on the date, or at the place and on the date specified in the order.

6. If a respondent is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002 or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, a suspect compulsion order or juvenile compulsion order must include the following conditions:

7. that the respondent must give a bodily sample at the residence at which the respondent is detained or is required to remain; and
8. that the respondent and a constable may not agree to vary the place at which the person is to give the sample, but may agree to vary the date on which the person is to give the sample to a date earlier than the date specified in the order unless a Judge has included a condition in the order under subsection (3) requiring the person to attend to give the sample on the date specified in the order.

9. Despite subsection (4)(a), a Judge may include a condition in a suspect compulsion order or juvenile compulsion order that a respondent give a sample at a place other than the residence at which the person is detained or is required to remain, if the Judge is of the view that it is necessary to do so on account of the respondent’s state of health.

10. A condition included in a suspect compulsion order or juvenile compulsion order under any of subsections (2) to (5) is subject to any condition included in the order under subsection (1).

Notes

• Section 24A: inserted, on 15 April 2004, by section 18 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 24A(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 24A(4): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
• Section 24A(4)(a): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
• Section 24A(4)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 24A(5): substituted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).