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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by databank compulsion notice

39: Issue and service of databank compulsion notice

You could also call this:

"What is a databank compulsion notice and how does it work?"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can get a databank compulsion notice if you have been convicted of a serious crime. A senior police officer can issue this notice. It will ask you to give a bodily sample. If you get a notice, the police must give it to you in person. They must also explain what it means in a way you can understand. If you are under 18, they will try to give a copy to your parent or caregiver. The police must serve the notice as soon as possible after your conviction. They don't have to serve it before you are sentenced. The notice will tell you when you need to give a bodily sample, as stated in section 39C(3) or section 39C(4). If you are in prison, the police will serve the notice when you need to give a sample, as stated in section 39C(4). You will be told when to give the sample.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369286.

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Crime and justice > Police and safetyCrime and justice > Criminal law
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38: Retention of sample despite withdrawal of consent, or

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39A: Form and content of databank compulsion notice, or

"What a databank compulsion notice must include and what it means for you"

Part 3DNA profile databank
Obtaining bodily sample by databank compulsion notice

39Issue and service of databank compulsion notice

  1. A constable who is of or above the level of position of inspector may issue a databank compulsion notice requiring a person to give a bodily sample if—

  2. the person has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1; and
    1. the conviction is one to which this Part applies under section 4.

      1. If a databank compulsion notice is issued, the Police must—

      2. serve the notice on the person to whom it relates by handing the notice to the person; and
        1. if that person is under the age of 18 years, take all reasonable steps to serve a copy of the notice on a parent or other person having the care of that person by giving him or her a copy of it; and
          1. explain the contents of the notice to the person being served in a manner, and in a language, that the person is likely to understand.

            1. If a person in relation to whom a databank compulsion notice is issued is not detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 in relation to which it is issued, the notice—

            2. must be served on a date as soon as is reasonably practicable after the person’s conviction for the imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 is entered; but
              1. need not be served on a date before the person is sentenced for the imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1; and
                1. must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(3) (which describes the dates between which a person who is not detained under a sentence of imprisonment may be required to attend to give a bodily sample).

                  1. If a person in relation to whom a databank compulsion notice is issued is detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 in relation to which it is issued, the notice must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(4) (which describes the dates between which a person who is detained under a sentence of imprisonment may be required to attend to give a bodily sample).

                  Notes
                  • Section 39: substituted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 39(1): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
                  • Section 39(1)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 39(1)(a): amended, on , by section 48(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 39(2)(b): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 39(3): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 39(3): amended, on , by section 48(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 39(3)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 39(3)(a): amended, on , by section 48(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 39(3)(b): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 39(3)(b): amended, on , by section 48(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 39(4): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 39(4): amended, on , by section 48(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).