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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Attendance for purpose of taking bodily sample: Compulsion order or databank compulsion notice

45A: Form and effect of warrant for arrest and detention

You could also call this:

"What happens when the police get a warrant to arrest you for a bodily sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If a warrant is issued under section 45, it must be in the correct form. You will be arrested and detained if a warrant is issued for you. The warrant lets the police arrest you and keep you for up to 24 hours to take a bodily sample. If the police get a warrant, they can arrest you and keep you until they take a bodily sample. The sample must be taken as stated in the compulsion order or databank compulsion notice. But the police do not have to take the sample at the exact place or time stated. The police can only use the warrant to arrest and detain you once. The warrant is no longer valid after the police take a bodily sample from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369536.

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Part 4Procedures for taking bodily samples
Attendance for purpose of taking bodily sample: Compulsion order or databank compulsion notice

45AForm and effect of warrant for arrest and detention

  1. Every warrant issued under section 45—

  2. must be in the prescribed form; and
    1. expires immediately after a bodily sample is taken from the person to whom the compulsion order or databank compulsion notice in relation to which the warrant is issued relates.

      1. A warrant issued under section 45 authorises—

      2. the arrest of the person to whom the compulsion order or databank compulsion notice relates; and
        1. the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours.

          1. A bodily sample taken pursuant to a warrant issued under section 45 must be taken in accordance with the compulsion order or databank compulsion notice to which the person is subject.

          2. Despite subsection (3), a bodily sample taken pursuant to a warrant need not be taken at the place, on the date, or at the place and on the date specified in the compulsion order or databank compulsion notice.

          3. The power to arrest and detain a person pursuant to a warrant issued under section 45 may be exercised on 1 occasion only.

          Notes
          • Section 45A: inserted, on , by section 24(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).