54Procedure for taking bodily sample pursuant to compulsion order or databank compulsion notice

1. If a bodily sample is to be taken pursuant to a compulsion order or databank compulsion notice, a constable must do the following:

2. unless the method by which the sample is to be taken has been specified by a Judge under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B, first ascertain from the person from whom the sample is to be taken whether he or she wishes the sample to be taken by way of venous sample, fingerprick sample, or buccal sample:
3. if the person is not a person in relation to whom a Judge has specified the method by which the sample is to be taken, inform the person that if he or she refuses to give a bodily sample, that a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample:
4. if the person is a person in relation to whom a Judge has specified the method by which the sample is to be taken under section 17A or section 44B, or is a person in relation to whom a Judge has specified under section 24A(1) or section 42(2)(b)(iii) that the sample is to be taken by way of a blood sample, inform the person that if he or she refuses to give a bodily sample, that, despite the Judge having specified the method by which the sample is to be taken, a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample:
5. if he or she is a person in relation to whom a Judge has specified under section 24A(1) or section 42(2)(b)(iii) that because of the state of the person’s health, the bodily sample must be taken by way of a buccal sample, inform the person that if he or she refuses to give a buccal sample, a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a buccal sample.

6. If a person refuses to give a bodily sample pursuant to a compulsion order or a databank compulsion notice, a constable may—

7. use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample; or
8. if a Judge has specified under section 24A(1) or section 42(2)(b)(iii) that, because of the state of the person’s health, the bodily sample must be taken by way of buccal sample, use or cause to be used reasonable force to assist a suitably qualified person to take a buccal sample.

9. If a person who refuses to give a bodily sample is detained in a prison, a prison officer may, on a request made by a constable, use or cause to be used reasonable force to aid a constable to assist a suitably qualified person to take a fingerprick sample or, if subsection (2)(b) applies, a buccal sample, from that person.

10. If a constable exercises the power conferred by subsection (2), that constable must, not later than 3 days after exercising that power, furnish to the Commissioner a written report of the exercise of that power.

Notes

• Section 54: substituted, on 15 April 2004, by section 32 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 54(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 54(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 54(1)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 54(1)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 54(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 54(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 54(3): amended, on 1 June 2005, pursuant to section 235(1) of the Corrections Act 2004 (2004 No 50).
• Section 54(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).