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
24GConsent to taking of buccal sample
A consent to the taking of a buccal sample as a result of a Part 2A request is valid if the consent—
- is in writing and signed by the person giving the consent; or
- is given orally and recorded on a video record.
If consent is given in writing, the consent must be signified on the notice required by section 24E(a) to be handed to the suspect at the time of the making of the request, or on a copy of that notice.
If consent is recorded on a video record, the video record must clearly show,—
- in the case of a consent given by a suspect,—
- the making of the request to the suspect; and
- the handing to the suspect of the notice required by section 24E(a); and
- the giving of consent to the taking of the buccal sample; and
- the making of the request to the suspect; and
- in the case of consent given by a parent of a suspect,—
- the handing to that person of a copy of the notice required by section 24E(b) or an acknowledgement by that person that a copy of that notice has been given to him or her; and
- the giving of consent to the taking of the buccal sample from the suspect.
- the handing to that person of a copy of the notice required by section 24E(b) or an acknowledgement by that person that a copy of that notice has been given to him or her; and
Notes
- Section 24G: inserted, on , by section 19 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 24G(1)(b): amended, on , by section 6(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).
- Section 24G(3): amended, on , by section 6(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).