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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 - Obtaining buccal sample from suspect

24E: Police obligations if Part 2A request made

You could also call this:

"What police must do if they ask you for a DNA sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If a constable asks you for a buccal sample, the Police must give you a written notice. The notice will have information about the offence they think you might be involved in. You will also be told that a parent must be given a copy of the notice. The Police must explain things to you in a way you can understand. They must tell you that you do not have to give a buccal sample. They must also tell you that your parent does not have to agree to the sample being taken. You can change your mind about giving a sample at any time. You and your parent might want to talk to a lawyer before deciding what to do. The sample will be analysed, and if it shows you were involved in the offence, it might be used to apply for a care or protection order, as stated in section 14(1)(e) of the Oranga Tamariki Act 1989, but it will not be used to prosecute you. The Police will also tell you that you can talk to anyone you want before making a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369233.

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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"

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24F: Form and content of notice, or

"What to expect when you get a notice about giving a buccal sample"

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

24EPolice obligations if Part 2A request made

  1. If a constable makes a Part 2A request, the Police must—

  2. hand to the suspect a written notice containing the particulars specified in section 24F(b); and
    1. ensure that a copy of the notice is also handed to a parent of the suspect; and
      1. inform the person being handed the notice or a copy of the notice in a manner and in a language that the person is likely to understand,—
        1. of the offence in respect of which the request is made; and
          1. that 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 offence; and
            1. that the buccal sample may not be taken unless both the suspect and a parent of the suspect consent to the taking of the buccal sample; and
              1. that the suspect is under no obligation to give the buccal sample; and
                1. that no parent of the suspect is under any obligation to consent to the taking of the buccal sample; and
                  1. that if the suspect or a parent of the suspect consents to the taking of the buccal sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken; and
                    1. that the suspect and any parent of the suspect may wish to consult a lawyer before deciding whether or not to consent to the buccal sample being taken; and
                      1. that the suspect or any parent of the suspect is able to consult with any person (not being a constable) that he or she wishes before deciding whether or not to consent to the buccal sample being taken; and
                        1. that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a care or protection order for the suspect on the ground set out in section 14(1)(e) of the Oranga Tamariki Act 1989, but may not be used to prosecute the suspect for any offence.

                        Notes
                        • Section 24E: inserted, on , by section 19 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                        • Section 24E: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                        • Section 24E(c)(ii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                        • Section 24E(c)(viii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                        • Section 24E(c)(ix): amended, on , by section 43(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                        • Section 24E(c)(ix): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).