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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by databank compulsion notice

39C: Date and place for taking of sample to be specified in databank compulsion notice

You could also call this:

"When and where you must give a bodily sample as stated in a databank compulsion notice"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When you get a databank compulsion notice, it will tell you where and when to give a bodily sample. A constable who is of or above the level of position of inspector will decide the place and date. They will write this information in the notice. If you are serving a sentence of imprisonment by way of home detention, or you are on parole with residential restrictions, the constable will usually tell you to give the sample at your home. This is unless the constable thinks it is better for you to give the sample somewhere else because of your health. The constable might think this if you are not well. If you are not in prison for the offence when you get the notice, the date for giving the sample must be more than 14 days after you get the notice. It must also be before six months after your conviction. This means you will have to give the sample sometime between these two dates. If you are in prison for the offence when you get the notice, the date for giving the sample must also be more than 14 days after you get the notice. It must be before you are released from prison or before six months after your conviction, whichever is later. This gives you a time frame to give the sample while you are in prison or after you are released.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369292.

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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"

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39D: Parent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of 18 years, or

"Police must tell your parent or caregiver if they want to change when or where you give a bodily sample."

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

39CDate and place for taking of sample to be specified in databank compulsion notice

  1. A constable who is of or above the level of position of inspector who issues a databank compulsion notice must specify in the notice the place where and the date on which the person to whom the notice relates is to attend to give a bodily sample.

  2. If a person to whom a databank compulsion notice relates 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 place the constable who is of or above the level of position of inspector must specify under subsection (1) must be the residence at which the person is detained or is required to remain, unless the constable who is of or above the level of position of inspector is of the view that it is necessary for the person to give the sample at another place on account of the person’s state of health.

  3. If a person to whom a databank compulsion notice relates is not detained under a sentence of imprisonment for the offence in relation to which the notice is issued at the time the notice is served, the date specified in the notice under subsection (1)—

  4. must be later than the 14th day after the date on which the notice is served; and
    1. must be before the date 6 months after the date the person’s conviction for the offence was entered.

      1. If the person to whom a databank compulsion notice relates is detained under a sentence of imprisonment for the offence in relation to which the notice is issued at the time the notice is served, the date specified in the notice under subsection (1)—

      2. must be later than the 14th day after the date on which the notice is served; and
        1. must be before the later of the 2 following dates:
          1. the date the person is released from being detained under a sentence of imprisonment for the offence; or
            1. the date 6 months from the date on which the conviction for the offence was entered.

            Notes
            • Section 39C: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 39C(1): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
            • Section 39C(2): substituted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
            • Section 39C(2): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
            • Section 39C(3): amended, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
            • Section 39C(3)(b): amended, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
            • Section 39C(4): amended, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
            • Section 39C(4)(b)(i): amended, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
            • Section 39C(4)(b)(ii): amended, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).