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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by databank compulsion notice

39A: Form and content of databank compulsion notice

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

A databank compulsion notice is a special document. You must get one if you have to give a bodily sample. The notice has to be in a certain form and have certain information. This includes the offence you are suspected of, where and when you have to give the sample, and what will happen to the sample. You will also be told that you can ask for a hearing under section 41(1) and that you can request the sample be taken in front of a lawyer. If you refuse to give a sample, it can be taken by force under section 54(2). You might be able to give the sample at a different time or place if you and a constable agree. If you are in home detention, the notice will say you have to give the sample at your residence. But a constable who is of or above the level of inspector can say you can give it somewhere else if it's necessary for your health. The notice will also tell you about your rights and what will happen to 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=DLM369288.

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39: Issue and service of databank compulsion notice, or

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

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39B: Form and content of databank compulsion notice issued in relation to person under age of 18 years, or

"Notice to young people about giving bodily samples"

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

39AForm and content of databank compulsion notice

  1. Every databank compulsion notice must be in the prescribed form.

  2. Every databank compulsion notice must contain the following particulars:

  3. the offence in relation to which the notice is issued:
    1. a place where, and a date on which, the person to whom the notice relates is to attend to give a bodily sample, as specified by a constable who is of or above the level of position of inspector under section 39C:
      1. a statement that the person in relation to whom the notice is issued must attend to give a bodily sample at the place and on the date specified in the order, unless the person and a constable agree that the person may attend to give the sample at a different place, on an earlier date, or at a different place and on an earlier date than that specified in the notice:
        1. a statement that information obtained from the bodily sample will be stored on a DNA profile databank and may be used by the Police in the investigation of criminal offences:
          1. a statement that the person in relation to whom the notice is issued may request a databank compulsion notice hearing under section 41(1):
            1. a summary of the grounds on which a hearing may be requested under section 41(2):
              1. a summary of the provisions of sections 48, 49, and 49A relating to the procedure for taking a bodily sample and a statement that in certain circumstances a Judge may specify the method by which the sample is to be taken:
                1. a statement that, if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) and, if applicable, section 54(3):
                  1. a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person’s own choice:
                    1. a summary of the provisions of sections 55, 56, 56A, and 59 relating to the procedure for the analysis of the sample and the disclosure of the results of the analysis:
                      1. a summary of the provisions of section 27 relating to the use of any DNA profile obtained from the sample:
                        1. any other particulars that may be prescribed.

                          1. If a databank compulsion notice is issued in relation to a person who is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, the notice must contain—

                          2. the particulars in subsection (2)(a) and (d) to (l); but
                            1. instead of the particulars in subsection (2)(b) and (c), the following particulars:
                              1. a statement that the person must give a bodily sample at the residence at which the person is detained or is required to remain; and
                                1. a statement that the person and a constable may not agree to vary the place at which the sample is to be given, but may agree to vary the date on which the person is to attend to give the sample to a date earlier than the date specified in the notice.

                                2. Despite subsection (3)(b)(i), a constable who is of or above the level of position of inspector may state in a databank compulsion notice that a person may give a bodily sample at a place other than the residence at which the person is detained or is required to remain, if the constable who is of or above the level of position of inspector issuing the notice is of the view that it is necessary to do so on account of the person’s health.

                                Notes
                                • Section 39A: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                                • Section 39A(2)(b): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
                                • Section 39A(2)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                • Section 39A(3): amended, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                                • Section 39A(3)(b)(i): amended, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                                • Section 39A(3)(b)(ii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                • Section 39A(4): substituted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                                • Section 39A(4): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).