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Criminal Investigations (Bodily Samples) Act 1995

Obtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed - Authority to obtain buccal sample from suspect

24C: Authority to obtain buccal sample from suspect

You could also call this:

"Police can take a mouth sample from a young person suspected of a crime if they agree and a parent agrees too."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are a child and the police think you committed a crime, they might want to take a buccal sample from you. A buccal sample is taken from the inside of your mouth. The police can only take this sample if you and one of your parents agree to it. You and your parent must agree to the sample being taken, and it must be done in a certain way. This is so the police can investigate the crime they think you committed. The police must follow special rules when taking the sample. The rules about taking buccal samples are connected to other laws, like the Oranga Tamariki Act 1989 and the Criminal Procedure Act 2011. These laws say what happens when a child is suspected of committing a crime. They help keep you safe and make sure the police do their job fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369228.

This page was last updated on — View changes

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24B: Parent or other person having care to be notified if Police suggest variation of juvenile compulsion order, or

"Police must tell your parent or caregiver if they want to change your bodily sample order"

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24D: Request to consent to taking of buccal sample from suspect, or

"Asking a young person for a cheek swab to help solve a crime"

Part 2AObtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed
Authority to obtain buccal sample from suspect

24CAuthority to obtain buccal sample from suspect

  1. In a criminal investigation in respect of an offence committed or believed to have been committed by a suspect who is a child or was a child at the time the offence was committed and for which, in accordance with section 272 of the Oranga Tamariki Act 1989, that suspect may not be lawfully prosecuted under the Criminal Procedure Act 2011, a buccal sample may be taken from that suspect, for the purposes of the investigation, on behalf of any constable, only if—

  2. both the suspect and a parent of the suspect have consented to the taking of a buccal sample under section 24G; and
    1. the sample is taken in accordance with the procedures set out in Part 4.

      1. This section is subject to section 72.

      2. Every reference in this Part to an offence for which a suspect who is or was a child at the time the offence was committed may not be lawfully prosecuted is a reference to an offence for which, in accordance with section 272 of the Oranga Tamariki Act 1989, that suspect may not be lawfully prosecuted under the Criminal Procedure Act 2011.

      Notes
      • Section 24C: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 24C(1): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 24C(3): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).