45Judge may issue warrant for arrest and detention

1. To avoid doubt, in this section and section 45A, a reference to a date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates is to attend to give a bodily sample—

2. includes, if applicable, a date varied by a Judge under section 42, section 43, section 43A, or section 47; but
3. does not include a date varied by agreement between the person to whom the order or notice relates and a constable under section 24A(2) or (4)(b) or section 39A(2)(c) or (3)(b)(ii).

4. If a compulsion order is made or a databank compulsion notice is issued, a Judge of the appropriate court may, on an application made by the applicant for the order, or any other constable who is of or above the level of position of sergeant, direct the issue of a warrant to arrest and detain the person to whom the order or notice relates, subject to section 45A(2)(b), until a bodily sample is taken.

5. For the purposes of subsection (2), the appropriate court is,—

6. in relation to a compulsion order, the court in which the compulsion order was made; and
7. in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the offence, or is due to appear for sentence for the offence, in relation to which the notice has been issued.

8. A Judge must not direct the issue of a warrant before the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates is to attend to give a bodily sample, unless the Judge is satisfied by evidence given on oath—

9. that the person to whom the order or notice relates is unlikely to attend to give a bodily sample on the date specified in the order or notice, either—
   1. because the person to whom the order or notice relates has absconded; or
   2. because there are reasonable grounds to believe that the person to whom the order or notice relates is about to abscond; and
10. that—
    1. all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or
    2. the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and
11. that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—
    1. in the order or notice under section 47 if the person to whom the order or notice relates was not the applicant for the variation; or
    2. in the notice under section 42, section 43, or section 43A.

12. A Judge must not direct the issue of a warrant on or after the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates was to attend to give a bodily sample unless the Judge is satisfied by evidence given on oath—

13. that the person to whom the order or notice relates has failed to attend to give a bodily sample on the date specified in the order or notice; and
14. that—
    1. all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or
    2. the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and
15. that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—
    1. in the order or notice under section 47 if the person to whom the order or notice relates was not the applicant for the variation; or
    2. in the notice under section 42, section 43, or section 43A.

16. Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom a compulsion order or databank compulsion notice relates was, or will be, unable to attend to give a bodily sample on the date specified in the compulsion order or databank compulsion notice due to reasons outside that person’s control.

Notes

• Section 45: substituted, on 15 April 2004, by section 24(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 45(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 45(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 45(2): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
• Section 45(2): amended, on 15 December 2005, by section 5 of the Criminal Investigations (Bodily Samples) Amendment Act 2005 (2005 No 98).
• Section 45(3)(b): amended, on 5 December 2013, by section 12 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).