Part 2AObtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed
Obtaining buccal sample from suspect
24DRequest to consent to taking of buccal sample from suspect
A constable may request that a suspect give a buccal sample (being a Part 2A request) if—
- there is good cause to suspect that the suspect has committed or may have committed an
offence for which the suspect may not lawfully be prosecuted (because the suspect is a child or was a child at the time the offence was committed); and - the suspect—
- is under the age of 18 years; and
- is a person in relation to whom an application for a care or protection order may be made on the ground set out in section 14(1)(e) of the Oranga Tamariki Act 1989 if the suspect’s involvement in the offence tends to be confirmed by the analysis of a buccal sample; and
- is under the age of 18 years; and
- a constable has reasonable grounds to believe that the analysis of a buccal sample from the suspect would tend to confirm or disprove the suspect’s involvement in the commission of the offence.
Notes
- Section 24D: inserted, on , by section 19 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 24D: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 24D(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 24D(b)(i): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
- Section 24D(b)(ii): amended, on , by section 43(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
- Section 24D(b)(ii): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 24D(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).