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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Further databank compulsion notice

44: Further databank compulsion notice

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you have already given a bodily sample after getting a databank compulsion notice, you will not get another notice for the same crime unless a Judge says it is okay. A constable who is at least a sergeant must ask the Judge for permission. The Judge is from the court where you were sentenced or are going to be sentenced for the crime. If you get a databank compulsion notice, it means you have to give a bodily sample. The notice is usually given to you because of a crime you committed. The court that deals with your crime is called the appropriate court. You can find more information about the laws that changed this rule in the Criminal Investigations (Bodily Samples) Amendment Act 2003, the Policing Act 2008, and the Criminal Investigations (Bodily Samples) Amendment Act 2013.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369520.

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

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

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44A: Certain matters relating to further databank compulsion notice, or

"Getting another bodily sample needs a Judge's permission if the first one is lost or can't be used."

Part 3DNA profile databank
Further databank compulsion notice

44Further databank compulsion notice

  1. If a person to whom a databank compulsion notice relates has given a bodily sample pursuant to that notice, a further databank compulsion notice must not be issued in relation to that person for the same conviction without the leave of a Judge of the appropriate court on an application from a constable who is of or above the level of position of sergeant.

  2. In this section, the appropriate court is the court before which the person to whom the databank compulsion notice relates was sentenced for the offence in relation to which the notice has been issued, or is due to appear for sentence for the offence in relation to which the notice has been issued.

Notes
  • Section 44: substituted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
  • Section 44(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 44(1): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
  • Section 44(2): amended, on , by section 11 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).