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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Part 3 orders and other orders made at databank compulsion notice hearings

43B: Order that databank compulsion notice of no effect must be made in certain circumstances

You could also call this:

"Judge can cancel notice to give bodily sample if date is wrong"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You might get a notice to give a bodily sample. A Judge looks at the notice and checks the date. The date must be after 14 days from when you got the notice. If the date is not right, the Judge checks another rule. This rule says the date must be before a certain time. If the date in the notice is too early or too late, the Judge makes an order. The order says the notice is of no effect. This means you do not have to follow the notice. The Judge makes this order if the date in the notice is wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369516.

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43A: Change of circumstances before databank compulsion notice hearing takes place or is completed, or

"What happens if your situation changes before a hearing about a databank sample?"

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44: Further databank compulsion notice, or

"When You Need to Give Another Bodily Sample for the Same Crime"

Part 3DNA profile databank
Part 3 orders and other orders made at databank compulsion notice hearings

43BOrder that databank compulsion notice of no effect must be made in certain circumstances

  1. Nothing in section 42 or section 43A allows a Judge to make a Part 3 order if the Judge is satisfied that—

  2. the date specified in a databank compulsion notice by a constable who is of or above the level of position of inspector on which the person to whom the notice relates is to attend to give a bodily sample is on or before the 14th day after the date on which the notice was served (meaning the date is not in accordance with the applicable date set out in section 39C(3)(a) or (4)(a)); and
    1. if the date in the notice had complied with section 39C(3)(a) or (4)(a) by being a date later than the 14th day after the date on which the notice was served, then that date would not have been in accordance with the applicable date set out in section 39C(3)(b) or (4)(b) (because the date would have been after the latest permissible date specified in those sections).

      1. If the Judge is satisfied of the matters in subsection (1)(a) and (b), the Judge must make an order that a databank compulsion notice is of no effect.

      Notes
      • Section 43B: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
      • Section 43B(1)(a): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).