70Inference may be drawn from refusal to allow sample to be taken

1. Where—

2. a suspect compulsion order or a juvenile compulsion order is made in respect of any person in relation to any offence; and
3. no bodily sample is taken from that person by reason of that person’s refusal to allow a bodily sample to be taken from him or her in accordance with the order,—
then, in any criminal proceedings against that person for that offence or a related offence,—
4. evidence may be given as to the refusal of that person to allow the taking of that bodily sample, unless the prejudicial effect of the admission of the evidence would outweigh its probative value; and
5. the court or jury may draw such inferences (if any) from the fact of refusal as appear to the court or, as the case may be, the jury to be proper in the circumstances, taking into account any evidence given by or on behalf of the person who refused to consent to the taking of the bodily sample.

6. In any proceedings in which the jury might draw an inference pursuant to subsection (1)(d), the Judge or, as the case may be, the District Court Judge may tell the jury that there may be good reasons for the person’s refusal to allow the taking of a bodily sample.

Compare

• 1980 No 94 s 57
• 1991 No 120 s 2(4)

Notes

• Section 70(1)(b): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 70(1)(c): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 70(1)(d): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 70(2): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).