Criminal Investigations (Bodily Samples) Amendment Act 2003

1: Title
1: This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2003.
2: In this Act, the Act that was previously called the Criminal Investigations (Blood Samples) Act 1995 the principal Act
2: Commencement
1: This Act, except sections 9 49
2: Sections 9 49
1: Amendments to principal Act
3: Title amended
The Title of the principal Act is amended by omitting the word blood bodily
4: Name of principal Act changed
1: After the commencement of this section, the principal Act is called the Criminal Investigations (Bodily Samples) Act 1995
2: Section 1(1) Blood Bodily
5: Interpretation
1: Section 2(1) appeal period approved agency section 4B(1)(a) .
2: Section 2(1) blood sample or sample blood sample bodily sample sample buccal sample section 4B(1)(b) child .
3: Section 2(1) compulsion order or a databank compulsion order
4: Section 2(1) databank compulsion order databank compulsion notice
a: means a notice issued under section 39
b: includes—
i: a databank compulsion notice that a Judge has varied, or included a condition on, under section 42, section 43, section 43A, or section 47
ii: a databank compulsion notice in relation to which a Part III databank compulsion notice hearing section 41 .
5: Section 2(1) databank request detained under a sentence of imprisonment section 4A .
6: Section 2(1) forensic comparison home detention section 4(1) of the Sentencing Act 2002 independent adult Part 2A
a: if a parent or other person having the care of the suspect is present under section 50(1)(b)
b: if a person referred to in paragraph (a) section 50(3) section 50(1)(a)
c: if none of the persons referred to in paragraphs (a) and (b)
i: chosen by the suspect; or
ii: if the suspect fails or refuses to choose, chosen by a member of the police .
7:
8: Section 2(1) paragraph (c) parent blood bodily
9: Section 2(1) parent Part 2A request section 24D Part III order prison officer section 2(1) of the Penal Institutions Act 1954 .
10: Section 2(1) relevant offence relevant offence
a: an offence against any of the provisions listed in Part 1 of the Schedule
b: an offence against any of the provisions listed in Part 2 of the Schedule
c: an attempt to commit an offence against any of the provisions listed in Part 1 or Part 2 of the Schedule
d: conspiring with any person to commit an offence against any of the provisions listed in Part 1 or Part 2 of the Schedule
e: an offence punishable by a term of imprisonment of 7 years or more; or
f: an attempt to commit an offence of the kind referred to in paragraph (e)
g: conspiring with any person to commit an offence of the kind referred to in paragraph (e) .
11: Section 2(1) specified date suitably qualified person
a: a blood sample,—
i: a medical practitioner; or
ii: a registered nurse; or
iii: a medical technologist with a degree in medical laboratory science; or
iv: a person trained in phlebotomy in accordance with the national standard for training phlebotomists adopted by the Association of Community Laboratories Incorporated:
b: a buccal sample,—
i: a medical practitioner; or
ii: any person specified in paragraph (a)(ii) to (iv) . Section 5(7) repealed 1 August 2008 section 349 Lawyers and Conveyancers Act 2006
6: Amendments to principal Act reflecting change in terminology and title
The principal Act is amended in the manner indicated in Schedule 1
7: Application
Section 4 subsection (2)
2: Part III
a: convictions entered after the commencement of this Act; and
b: convictions entered before the commencement of this Act if, and only if, the person in relation to whom the conviction was entered is, on the date of commencement of section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003
3: Despite subsection (2) Part III section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003
a: offence against any of the provisions listed in Part 2 of the Schedule
b: attempt to commit an offence against any of the provisions listed in Part 1 or Part 2 of the Schedule Part 1 of the Schedule
c: conspiracy to commit an offence against any of the provisions listed in Part 1 or Part 2 of the Schedule
d: offence punishable by a term of imprisonment of 7 years or more unless it is an offence listed in Part 1 of the Schedule
e: attempt to commit an offence of the kind referred to in paragraph (d) Part 1 of the Schedule
f: conspiracy to commit an offence of the kind referred to in paragraph (d)
8: New
section 4A The principal Act is amended by inserting, after section 4
4A: Detained under sentence of imprisonment
1: For the purposes of section 4 and Part III
a: in a penal institution; or
b: in a residence administered by the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989
c: in, or on leave from, a hospital under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 section 45(2) of that Act
2: To avoid doubt, a person is detained under a sentence of imprisonment under subsection (1)
a: under cumulative sentences of imprisonment (treated as 1 term under section 92(2) of the Criminal Justice Act 1985 section 4(1) of the Parole Act 2002
i: reached the start date of the sentence or component that relates to the relevant offence; or
ii: passed the release date of the sentence or component that relates to the relevant offence; or
b: under a concurrent sentence of imprisonment imposed on him or her before he or she was released from an earlier sentence of imprisonment imposed for a relevant offence.
3: To avoid doubt, a person is not detained under a sentence of imprisonment under subsection (1)
a: serving a sentence of imprisonment by way of home detention; or
b: detained in a penal institution subject to an interim recall order.
9: New
section 4B The principal Act is amended by inserting, after section 4A section 8
4B: Approval of agency to determine training criteria for dealing with, and device or other means for taking, buccal samples
1: The Minister of Justice may, by notice in the Gazette
a: an agency to determine the training criteria for persons taking, supervising the taking of, or dealing with buccal samples:
b: a device for taking, or other means of providing, buccal samples.
2: A notice issued under this section is deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
10: Form and content of notice
1: Section 7(b)(ix) and 49 , 49, and 49A
2: Section 7(b) subparagraph (x)
x: a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect's own choice: .
3: Section 7(b)(xi) 56 56, 56A
11: Suspect requests to persons under 17
1: Section 8 subsection (1)
1: Nothing in section 6
a: applies in respect of a suspect who is a child or was a child at the time the offence in relation to which the request is made was committed; or
b: makes a person of the kind referred to in paragraph (a)
1A: However, a suspect who is a child or was a child at the time an offence in relation to which he or she may not be lawfully prosecuted (being an indictable offence other than murder or manslaughter) was committed, may consent to the taking of a buccal sample as a result of a Part 2A
2: Section 8(2)(c)
a: by omitting the word ; and subparagraph (iv) :
b: by adding the following subparagraphs:
v: a statement that a bodily sample may be taken in the presence of a parent:
vi: a summary of section 52A .
12: Consent to taking of blood sample
Section 9(3)(b)(i) handing giving
13: Judge may authorise blood sample to be taken
Section 16(1) paragraph (b)
b: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
i: at the scene of the offence; or
ii: on the victim of the offence; or
iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
v: on any person or thing reasonably believed to have been associated with the commission of the offence; and .
14: New
section 17A The principal Act is amended by inserting, after section 17
17A: Judge to specify method of taking sample if further suspect compulsion order made
1: If a Judge decides to make a further suspect compulsion order in respect of a person against whom a previous suspect compulsion order has been made for the same offence, the Judge must specify in the order the method by which a bodily sample is to be taken.
2: In determining the method by which a bodily sample is to be taken, the Judge must have regard to—
a: any view expressed by the commissioned officer of the police who is making the application regarding which of the 3 methods should be used; and
b: any view expressed by the respondent regarding which of the 3 methods should be used.
15: Application for order authorising taking of blood sample from person under 17
1: Section 18(1)(b) prosecuted for that offence (being an offence of murder or manslaughter in the case of a suspect who is a child or was a child at the time the offence was committed)
2: Section 18(1)(c) is of or over the age of 14 years was of or over the age of 14 years at the time the offence in relation to which the application is made was committed
16: Judge may authorise blood sample to be taken
1: Section 23(1)(b) prosecuted for that offence (being an offence of murder or manslaughter in the case of a suspect who is a child or was a child at the time the offence was committed)
2: Section 23(1)(c) is of or over the age of 14 years was of or over the age of 14 years at the time the offence in relation to which the application is made was committed
3: Section 23(1) paragraph (d)
d: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
i: at the scene of the offence; or
ii: on the victim of the offence; or
iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
v: on any person or thing reasonably believed to have been associated with the commission of the offence; and .
17: Form and content of compulsion order
1: Section 24 subsections (2) (3)
2: Every suspect compulsion order and every juvenile compulsion order is subject to—
a: conditions included in the order by the Judge under section 24A
b: special conditions (if any) included in the order by the Judge. .
2: Section 24(4) paragraph (b)
b: a summary of the provisions of sections 48, 49, and 49A .
3: Section 24(4) paragraph (c)
c: a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect's own choice:
ca: in the case of a juvenile compulsion order as well as the other particulars referred to in this subsection, a statement that a bodily sample may be taken in the presence of a parent or other person having the care of the suspect: .
4: Section 24(4)(d) 56 56, 56A,
5: Section 24(4) paragraph (e)
e: conditions included by the Judge under subsection (2) .
6: Section 24(4) paragraph (f)
f: a statement that if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) section 54(3) .
18: New
sections 24A 24B The principal Act is amended by inserting, after section 24
24A: Conditions included in compulsion order
1: Without limiting the generality of section 24(2)(b)
a: it is taken by a particular method specified in the order by the Judge; and
b: an independent medical practitioner approved by the Judge has certified that the method will not cause serious harm to the health of the respondent.
2: Every suspect compulsion order and every juvenile compulsion order is, unless subsection (3) or subsection (4) or subsection (5)
3: If a Judge believes good reasons exist why the respondent must attend to give a bodily sample at the place, on the date, or at the place and on the date specified in the suspect compulsion order or juvenile compulsion order, the Judge may include the condition that the respondent must attend to give the sample at the place, on the date, or at the place and on the date specified in the order.
4: If a respondent is serving a sentence by way of home detention, a suspect compulsion order or juvenile compulsion order must include the following conditions:
a: that the respondent must give a bodily sample at the residence at which the respondent is detained; and
b: that the respondent and a member of the police may not agree to vary the place at which the person is to give the sample, but may agree to vary the date on which the person is to give the sample to a date earlier than the date specified in the order unless a Judge has included a condition in the order under subsection (3)
5: Despite subsection (4)(a)
6: A condition included in a suspect compulsion order or juvenile compulsion order under any of subsections (2) to (5) subsection (1)
24B: Parent or other person having care to be notified if police suggest variation of juvenile compulsion order
1: If a condition is included in a juvenile compulsion order under section 24A(2)
2: If a condition is included in a juvenile compulsion order under section 24A(4)(b)
19: New
Part 2A The principal Act is amended by inserting, after section 24B section 18
2A: Obtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed
Authority to obtain buccal sample from suspect
24C: Authority to obtain buccal sample from suspect
1: Subject to section 72
a: both the suspect and a parent of the suspect have consented to the taking of a buccal sample under section 24G
b: the sample is taken in accordance with the procedures set out in Part IV
2: Every reference in this Part to an indictable offence for which a suspect may not be lawfully prosecuted is a reference to an indictable offence other than murder or manslaughter. Obtaining buccal sample from suspect
24D: Request to consent to taking of buccal sample from suspect
A member of the police may request that a suspect give a buccal sample (being a Part 2A
a: there is good cause to suspect that the suspect has committed or may have committed an indictable offence for which the suspect may not lawfully be prosecuted (because the suspect is a child or was a child at the time the offence was committed); and
b: the suspect—
i: is under the age of 17 years; and
ii: is a person in relation to whom an application for a declaration for care or protection may be made on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989
c: a member of the police has reasonable grounds to believe that the analysis of a buccal sample from the suspect would tend to confirm or disprove the suspect's involvement in the commission of the offence.
24E: Police obligations if
Part 2A If a member of the police makes a Part 2A
a: hand to the suspect a written notice containing the particulars specified in section 24F(b)
b: ensure that a copy of the notice is also handed to a parent of the suspect; and
c: inform the person being handed the notice or a copy of the notice in a manner and in a language that the person is likely to understand,—
i: of the offence in respect of which the request is made; and
ii: that a member of the police has reasonable grounds to believe that the analysis of a buccal sample from the suspect would tend to confirm or disprove the suspect's involvement in the offence; and
iii: that the buccal sample may not be taken unless both the suspect and a parent of the suspect consent to the taking of the buccal sample; and
iv: that the suspect is under no obligation to give the buccal sample; and
v: that no parent of the suspect is under any obligation to consent to the taking of the buccal sample; and
vi: that if the suspect or a parent of the suspect consents to the taking of the buccal sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken; and
vii: that the suspect and any parent of the suspect may wish to consult a lawyer before deciding whether or not to consent to the buccal sample being taken; and
viii: that the suspect or any parent of the suspect is able to consult with any person (not being a member of the police) that he or she wishes before deciding whether or not to consent to the buccal sample being taken; and
ix: that the sample will be analysed and may, if it tends to confirm the suspect's involvement in the offence, be used to make an application for a declaration that the suspect is in need of care or protection on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989
24F: Form and content of notice
A notice given under section 24E(a)
a: be in the prescribed form; and
b: contain the following particulars:
i: a statement that it is believed that the suspect has or may have committed an indictable offence for which he or she may not be lawfully prosecuted and that the suspect is being requested to consent to the giving of a buccal sample in relation to that offence:
ii: a statement that there are reasonable grounds to believe that analysis of the buccal sample will tend to confirm or disprove the suspect's involvement in the commission of the offence:
iii: a statement that the buccal sample may not be taken from the suspect unless both the suspect and a parent of the suspect consent to the taking of the buccal sample:
iv: a statement that the suspect is under no obligation to give the buccal sample:
v: a statement that no parent of the suspect is under any obligation to consent to the giving of the buccal sample:
vi: a statement that the suspect and any parent of the suspect may wish to consult a lawyer before consenting to the taking of the buccal sample:
vii: a statement that the suspect or any parent of the suspect is able to consult with any person (not being a member of the police) that he or she wishes before consenting to the buccal sample being taken:
viii: a statement that, if the suspect or a parent of the suspect consents to the taking of the sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken:
ix: a statement that the sample will be analysed and may, if it tends to confirm the suspect's involvement in the offence, be used to make an application for a declaration that the suspect is in need of care or protection on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989
x: a summary of section 49A
xi: a statement that a buccal sample may be taken in the presence of a parent:
xii: a summary of section 52A
xiii: a statement that the suspect or a parent of the suspect may request that the buccal sample be taken in the presence of a lawyer, or another person, of the suspect's or parent's choice:
xiv: a summary of sections 56A and 59
xv: a reference to section 61A
xvi: any other particulars that may be prescribed under regulations made under this Act.
24G: Consent to taking of buccal sample
1: A consent to the taking of a buccal sample as a result of a Part 2A
a: is in writing and signed by the person giving the consent; or
b: is given orally and recorded on a videotape.
2: If consent is given in writing, the consent must be signified on the notice required by section 24E(a)
3: If consent is recorded on a videotape, the videotape must clearly show,—
a: in the case of a consent given by a suspect,—
i: the making of the request to the suspect; and
ii: the handing to the suspect of the notice required by section 24E(a)
iii: the giving of consent to the taking of the buccal sample; and
b: in the case of consent given by a parent of a suspect,—
i: the handing to that person of a copy of the notice required by section 24E(b)
ii: the giving of consent to the taking of the buccal sample from the suspect.
24H: Withdrawal of consent
1: A suspect or a suspect's parent who has given consent to the taking of a buccal sample as a result of a Part 2A
2: If the consent is withdrawn orally, the withdrawal must be recorded in writing by a member of the police as soon as is practicable.
24I: Buccal sample to be forwarded to approved agency as soon as practicable
If a buccal sample is taken as a result of a Part 2A
20: Access to and disclosure of information on DNA profile databank
Section 27(4) paragraph (a)
ab: the issuing of a databank compulsion notice or the making of a Part III .
21: Authority to take blood sample from DNA profile databank
Section 29(a) subparagraph (ii)
ii: the sample is taken pursuant to a databank compulsion notice; and .
22: Form and content of notice
1: Section 31(b)(vi) and 49 , 49, and 49A
2: Section 31(b) subparagraph (vii)
vii: a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person's own choice: .
3: Section 31(b)(viii) 56 56, 56A
23: New
sections 39 to 44B The principal Act is amended by repealing sections 39 to 44 sections 39 42 44 Obtaining bodily sample by databank compulsion notice
39: Issue and service of databank compulsion notice
1: A commissioned officer of the police may issue a databank compulsion notice requiring a person to give a bodily sample if—
a: the person has been convicted of a relevant offence; and
b: the conviction is one to which this Part applies under section 4
2: If a databank compulsion notice is issued, the police must—
a: serve the notice on the person to whom it relates by handing the notice to the person; and
b: if that person is under the age of 17 years, take all reasonable steps to serve a copy of the notice on a parent or other person having the care of that person by giving him or her a copy of it; and
c: explain the contents of the notice to the person being served in a manner, and in a language, that the person is likely to understand.
3: If a person in relation to whom a databank compulsion notice is issued is not detained under a sentence of imprisonment for the relevant offence in relation to which it is issued, the notice—
a: must be served on a date as soon as is reasonably practicable after the person's conviction for the relevant offence is entered; but
b: need not be served on a date before the person is sentenced for the relevant offence; and
c: must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(3)
4: If a person in relation to whom a databank compulsion notice is issued is detained under a sentence of imprisonment for the relevant offence in relation to which it is issued, the notice must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(4)
39A: Form and content of databank compulsion notice
1: Every databank compulsion notice must be in the prescribed form.
2: Every databank compulsion notice must contain the following particulars:
a: the offence in relation to which the notice is issued:
b: a place where, and a date on which, the person to whom the notice relates is to attend to give a bodily sample, as specified by a commissioned officer of the police under section 39C
c: a statement that the person in relation to whom the notice is issued must attend to give a bodily sample at the place and on the date specified in the order, unless the person and a member of the police agree that the person may attend to give the sample at a different place, on an earlier date, or at a different place and on an earlier date than that specified in the notice:
d: a statement that information obtained from the bodily sample will be stored on a DNA profile databank and may be used by the police in the investigation of criminal offences:
e: a statement that the person in relation to whom the notice is issued may request a databank compulsion notice hearing under section 41(1)
f: a summary of the grounds on which a hearing may be requested under section 41(2)
g: a summary of the provisions of sections 48, 49, and 49A
h: a statement that, if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) section 54(3)
i: a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person's own choice:
j: a summary of the provisions of sections 55, 56, 56A, and 59
k: a summary of the provisions of section 27
l: any other particulars that may be prescribed.
3: If a databank compulsion notice is issued in relation to a person who is serving a sentence by way of home detention, the notice must contain—
a: the particulars in subsection (2)(a) and (d) to (l)
b: instead of the particulars in subsection (2)(b) and (c)
i: a statement that the person must give a bodily sample at the residence at which the person is detained; and
ii: a statement that the person and a member of the police may not agree to vary the place at which the sample is to be given, but may agree to vary the date on which the person is to attend to give the sample to a date earlier than the date specified in the notice.
4: Despite subsection (3)(b)(i)
39B: Form and content of databank compulsion notice issued in relation to person under age of 17 years
1: Every databank compulsion notice issued in relation to a person under the age of 17 years must be in the prescribed form.
2: Every databank compulsion notice issued in relation to a person under the age of 17 years must contain the particulars listed in section 39A(2) section 39A(3)
a: a statement that a bodily sample may not be taken unless all reasonable steps have been taken to serve a copy of the notice on a parent or other person having the care of that person; and
b: a statement that a parent or other person having the care of that person may request a databank compulsion notice hearing under section 41(3)
c: a statement that a parent or other person having the care of the person may be present when the bodily sample is taken.
39C: Date and place for taking of sample to be specified in databank compulsion notice
1: A commissioned officer of the police who issues a databank compulsion notice must specify in the notice the place where and the date on which the person to whom the notice relates is to attend to give a bodily sample.
2: If a person to whom a databank compulsion notice relates is serving a sentence by way of home detention, the place the commissioned officer of the police must specify under subsection (1)
3: If a person to whom a databank compulsion notice relates is not detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, the date specified in the notice under subsection (1)
a: must be later than the 14th day after the date on which the notice is served; and
b: must be before the date 6 months after the date the person's conviction for the relevant offence was entered.
4: If the person to whom a databank compulsion notice relates is detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, the date specified in the notice under subsection (1)
a: must be later than the 14th day after the date on which the notice is served; and
b: must be before the later of the 2 following dates:
i: the date the person is released from being detained under a sentence of imprisonment for the relevant offence; or
ii: the date 6 months from the date on which the conviction for the relevant offence was entered.
39D: Parent or other person having care to be notified if police suggest variation of databank compulsion notice issued in relation to person under age of 17 years
1: If a member of the police suggests varying, under section 39A(2)(c)
2: If a member of the police suggests varying, under section 39A(3)(b)(ii)
40: Databank compulsion notice of no effect if conviction for relevant offence quashed
1: A databank compulsion notice ceases to have effect if, before a bodily sample is taken pursuant to the notice, the person's conviction for the relevant offence in relation to which the notice has been issued is quashed.
2: If subsection (1)
a: as soon as practicable after the conviction is quashed, notify the person to whom the notice relates and, in the case of a person under the age of 17 years, a parent or other person having the care of that person that—
i: the notice is of no effect; and
ii: the person to whom the notice relates is no longer required to give a bodily sample pursuant to that notice; and
iii: the notice may be disregarded; and
b: as soon as practicable after notifying the person and, if applicable, the person's parent or other person having the care of that person, of the matters listed in paragraph (a) Databank compulsion notice hearing
41: Databank compulsion notice hearing may be requested on certain grounds
1: A person served with a databank compulsion notice or required to be served with a databank compulsion notice under section 39(2)
2: A databank compulsion notice hearing may only be requested on 1 or more of the following grounds:
a: that—
i: the offence in relation to which the databank compulsion notice has been issued is not a relevant offence; or
ii: the conviction for the relevant offence in relation to which the databank compulsion notice has been issued is not a conviction to which this Part applies:
b: that the conviction for the relevant offence in relation to which the databank compulsion notice has been issued—
i: was quashed before the notice was issued; or
ii: was quashed after the notice was issued but before the sample was taken and the police have not notified the person that the notice is of no effect under section 40(2)
c: that all 3 methods available for the taking of a bodily sample will cause serious harm to the person's health on the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample:
d: that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is a date on or before the date that is 14 days after the date on which the notice was served:
e: that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is,—
i: if the person is not detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, a date that is on or after the date 6 months after the date the person's conviction for the relevant offence was entered; or
ii: if the person is detained under a sentence of imprisonment for the relevant offence in relation to which the notice is issued at the time the notice is served, a date that is on or after the later of the 2 following dates:
A: the date the person is to be released from being detained under a sentence of imprisonment for the relevant offence; or
B: the date 6 months after the date the person's conviction for the relevant offence was entered:
f: that the person to whom the databank compulsion notice relates was not served with the notice:
g: if the person in relation to whom the databank compulsion notice has been issued is under the age of 17 years,—
i: that person was not served with the notice; or
ii: that all reasonable steps have not been taken to serve the parent or other person having the care of the person with a copy of the notice.
3: If a databank compulsion notice is issued in relation to a person who is under the age of 17 years, that person's parent or other person having the care of that person may request a hearing under any of the grounds set out in subsection (2)
4: In this section and section 41B
41A: Form and effect of request for databank compulsion notice hearing
1: A request for a databank compulsion notice hearing—
a: must be in writing; and
b: must specify the ground or grounds listed in section 41(2)
2: If a request is made for a databank compulsion notice hearing, a bodily sample must not be taken from the person to whom the databank compulsion notice relates unless a Judge at a databank compulsion notice hearing makes a Part III
41B: Obligations if databank compulsion notice hearing requested
1: A member of the police must, as soon as is practicable after receiving a request for a databank compulsion notice hearing, file a notice of hearing, in the prescribed form, in the appropriate court.
2: The registrar of the court in which the notice of hearing is filed must advise the following persons of the time and place for the hearing:
a: the person to whom the notice relates:
b: if the person to whom the notice relates is under the age of 17 years, a parent or other person having the care of that person:
c: if a lay advocate has been appointed under section 326 of the Children, Young Persons, and Their Families Act 1989
d: the officer of police in charge of the police station where the member of the police who filed the notice of hearing is stationed.
41C: Appearance at databank compulsion notice hearing
1: The following persons are entitled to appear and to adduce evidence at a databank compulsion notice hearing:
a: the person to whom the databank compulsion notice relates:
b: any lawyer who represents the person to whom the databank compulsion notice relates:
c: the police.
2: If a person to whom a databank compulsion notice relates is under the age of 17 years, the following persons, as well as the persons listed in subsection (1)
a: any person who is a parent or other person having the care of the person to whom the databank compulsion notice relates:
b: any lawyer representing a person referred to in paragraph (a)
c: a lay advocate of the person to whom the databank compulsion notice relates, if any has been appointed under section 326 of the Children, Young Persons, and Their Families Act 1989
d: with the leave of the Judge, any other person.
3: The provisions of sections 21 and 22 Part III orders and other orders made at databank compulsion notice hearings
42: Part III
1: If a Judge at a databank compulsion notice hearing is satisfied that either of the grounds specified in section 41(2)(a) or (b)
2: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(c)
a: if he or she believes on reasonable grounds that the state of the person's health is unlikely to change, make an order that the databank compulsion notice is of no effect; or
b: if he or she believes on reasonable grounds that the taking of a bodily sample by a particular method will not cause serious harm to the person's health if taken on a date other than the date specified in the databank compulsion notice,—
i: make a Part III
ii: vary the notice by specifying a new date on which the person to whom a notice relates is to attend to give a bodily sample that need not be a date in accordance with the applicable date set out in section 39C(3)(b) or (4)(b)
iii: vary the notice to require the sample be taken by a particular method.
3: A Judge must not vary a databank compulsion notice under subsection (2)(b)(ii) and (iii)
4: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(d)
a: make a Part III
b: vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the databank compulsion notice, being a date later than 14 days after the date on which the notice was served and in accordance with the applicable date set out in section 39C(3)(b) or (4)(b)
5: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(e)
a: if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had passed when the databank compulsion notice was served, make an order that the notice is of no effect; or
b: if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had not passed when the databank compulsion notice was served,—
i: make a Part III
ii: vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the notice, being a date in accordance with the applicable dates set out in section 39C(3) or (4)
6: If a Judge at a databank compulsion notice hearing is satisfied that either or both of the grounds specified in section 41(2)(f) or (g)
7: If a Judge at a databank compulsion hearing is satisfied that none of the grounds specified in section 41(2) Part III
8: This section is subject to sections 43A and 43B
43: Judge may vary, or impose conditions on, databank compulsion notice
1: If a Judge makes a Part III
a: specify in the databank compulsion notice in relation to which the order is made a new place at which the person to whom the notice relates is to attend to give a bodily sample:
b: specify in the databank compulsion notice in relation to which the order is made a new date on which the person to whom the notice relates is to attend to give a bodily sample, being a date in accordance with the applicable dates set out in section 39C(3) or (4)
c: include any reasonable conditions the Judge thinks fit in the databank compulsion notice.
2: A Judge may not do anything under subsection (1) section 42
3: This section is subject to section 43A
43A: Change of circumstances before databank compulsion notice hearing takes place or is completed
1: Subsection (2)
a: in the case of a person who was not detained under a sentence of imprisonment in relation to the relevant offence for which a databank compulsion notice was issued at the time the databank compulsion notice was served,—
i: that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2)
ii: before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, a date is reached that is 6 months or more since the person's conviction for the relevant offence in relation to which the databank compulsion notice was issued was entered:
b: in the case of a person who was detained under a sentence of imprisonment for the relevant offence in relation to which a databank compulsion notice was issued at the time a databank compulsion notice was served,—
i: that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2)
ii: before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, the later of the 2 following dates is reached:
A: the date of the person's release from detention under a sentence of imprisonment for the relevant offence in relation to which the databank compulsion notice was issued; or
B: the date that is 6 months from the date on which the conviction for the relevant offence in relation to which the databank compulsion notice was issued was entered.
2: If this subsection applies,—
a: a databank compulsion notice hearing must take place and be completed as if the applicable date referred to in subsection (1)(a)(ii) or (b)(ii)
b: a Judge—
i: must make an appropriate order under section 42
ii: may, if applicable, vary, or include any condition in, the databank compulsion notice under section 42 or section 43
3: Despite anything in this Part, if subsection (2) section 39C(3)(b) or (4)(b)
4: This section is subject to section 43B
43B: Order that databank compulsion notice of no effect must be made in certain circumstances
1: Nothing in section 42 or section 43A Part III
a: the date specified in a databank compulsion notice by a commissioned officer of the police on which the person to whom the notice relates is to attend to give a bodily sample is on or before the 14th day after the date on which the notice was served (meaning the date is not in accordance with the applicable date set out in section 39C(3)(a) or (4)(a)
b: if the date in the notice had complied with section 39C(3)(a) or (4)(a) section 39C(3)(b) or (4)(b)
2: If the Judge is satisfied of the matters in subsection (1)(a) and (b) Further databank compulsion notice
44: Further 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 member of the police who is of or above the rank 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 relevant offence in relation to which the notice has been issued, or is due to appear for sentence for the relevant offence in relation to which the notice has been issued.
44A: Certain matters relating to further databank compulsion notice
1: A Judge must not grant leave for a further databank compulsion notice to be issued unless he or she is satisfied that it is necessary to obtain another bodily sample from the person in relation to whom the databank compulsion notice was issued because—
a: the sample taken pursuant to the notice—
i: has been lost; or
ii: has been destroyed (other than under section 62(1) or (2)
b: a proper analysis of the sample taken pursuant to the notice has not been possible on account of the condition of that sample.
2: A Judge may refuse to grant leave to issue a further databank compulsion notice if he or she is satisfied that the taking of a further bodily sample would be vexatious or an abuse of process.
3: A Judge may grant leave for a further databank compulsion notice to be issued even if the applicable date set out in section 39C(3)(b) or (4)(b)
4: If a Judge grants leave for a further databank compulsion notice to be issued in the circumstances referred to in subsection (3) section 39C(3)(b) or (4)(b)
5: A person in relation to whom a further databank compulsion notice is issued in the circumstances referred to in subsection (3) section 41(2)(e) section 41(2)
44B: Judge to specify method of taking sample if further databank compulsion notice issued
1: If a Judge grants leave for a further databank compulsion notice to be issued, the Judge must specify the method by which a bodily sample is to be taken.
2: In determining the method by which a bodily sample is to be taken, the Judge must have regard to—
a: any view expressed by the member of the police who is making the application (being a member of the police who is of or above the rank of sergeant) regarding which of the 3 methods should be used; and
b: any view expressed by the person to whom the notice relates regarding which of the 3 methods should be used.
24: New
sections 45AA to 47
1: The principal Act is amended by repealing sections 45 to 47
45AA: Date on which bodily sample to be taken
1: A bodily sample must not be taken pursuant to a compulsion order or databank compulsion notice if the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample has passed, unless—
a: a warrant to arrest the person to whom the order or notice relates has been issued under section 45
b: the date has been varied by a Judge under section 42, section 43, section 43A, or section 47
2: If a person to whom a compulsion order or databank compulsion notice relates and a member of the police agree to vary the date specified in a compulsion order or databank compulsion notice on which the person is to attend to give a bodily sample, but for any reason the person does not attend to give the sample on that date, the person may attend to give the sample on—
a: the date specified in the order or notice, which may be the date as varied by a Judge under section 42, section 43, section 43A, or section 47
b: any other date before the date specified in the order or notice, agreed to by the person to whom the order or notice relates and a member of the police under section 24A(2) or (4)(b) or section 39A(2)(c) or (3)(b)(ii)
45: Judge may issue warrant for arrest and detention
1: To avoid doubt, in this section and section 45A
a: includes, if applicable, a date varied by a Judge under section 42, section 43, section 43A, or section 47
b: does not include a date varied by agreement between the person to whom the order or notice relates and a member of the police under section 24A(2) or (4)(b) or section 39A(2)(c) or (3)(b)(ii)
2: 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 member of the police who is above the rank 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)
3: For the purposes of subsection (2)
a: in relation to a compulsion order, the court in which the compulsion order was made; and
b: in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the relevant offence, or is due to appear for sentence for the relevant offence, in relation to which the notice has been issued.
4: 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—
a: 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—
i: because the person to whom the order or notice relates has absconded; or
ii: because there are reasonable grounds to believe that the person to whom the order or notice relates is about to abscond; and
b: that—
i: 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
ii: 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
c: that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—
i: in the order or notice under section 47
ii: in the notice under section 42, section 43, or section 43A
5: 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—
a: 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
b: that—
i: 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
ii: 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
c: that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—
i: in the order or notice under section 47
ii: in the notice under section 42, section 43, or section 43A
6: 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.
45A: Form and effect of warrant for arrest and detention
1: Every warrant issued under section 45
a: must be in the prescribed form; and
b: 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.
2: A warrant issued under section 45
a: the arrest of the person to whom the compulsion order or databank compulsion notice relates; and
b: 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.
3: A bodily sample taken pursuant to a warrant issued under section 45
4: Despite subsection (3)
5: The power to arrest and detain a person pursuant to a warrant issued under section 45
46: Person in custody to attend to give bodily sample
1: This section applies to a person in respect of whom a compulsion order has been made, or a databank compulsion notice has been issued, if that person is detained—
a: in the custody of the police; or
b: in the custody of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989
c: in the custody of a Superintendent in any penal institution; or
d: in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992
2: A person having custody of, or responsibility for, a person to whom this section applies must cause that person to attend at the place where, and on the date on which, a bodily sample is to be taken pursuant to the compulsion order or databank compulsion notice.
3: To avoid doubt, a place where, or a date on which, a person is to attend to give a bodily sample pursuant to a compulsion order or databank compulsion notice may be, if applicable,—
a: a place or date as varied by a Judge under section 42, section 43, section 43A, or section 47
b: a place or date as varied by agreement between the person to whom the order or notice relates and a member of the police under section 24A(2) or section 39A(2)(c)
4: An agreement reached, under section 24A(2) or section 39A(2)(c)
5: The Commissioner must meet any of the following expenses incurred by any person:
a: the expense of bringing a person to whom this section applies to the place where the bodily sample is to be taken; and
b: the expense of returning that person to the place where he or she is required to be detained.
6: The expenses referred to in subsection (5)
46A: Home detainee to attend to give bodily sample
1: An agreement reached, under section 24A(4)(b) or section 39A(3)(b)(ii)
2: Subsection (3)
a: a condition is included in a suspect compulsion order or juvenile compulsion order under section 24A(5)
b: a statement is included in a databank compulsion notice under section 39A(4)
3: If this subsection applies,—
a: the police must, as soon as is practicable, give the Department of Corrections notice of the need for the home detainee to leave his or her place of detention for the purposes of having a bodily sample taken pursuant to a compulsion order or databank compulsion notice; and
b: section 46(5) and (6)
47: Variation by Judge on application of place and date for taking sample
1: If a compulsion order is made, or a databank compulsion notice is issued, a member of the police who is of or above the rank of sergeant, or a person to whom the order or notice relates, may at any time apply to a Judge of the appropriate court to—
a: vary the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample; or
b: vary the place specified in the order or notice where the person to whom the order or notice relates is to attend to give a bodily sample; or
c: do both of the matters referred to in paragraphs (a) and (b)
2: For the purposes of subsection (1)
a: in relation to a compulsion order, the court in which the compulsion order was made; and
b: in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the relevant offence, or is due to appear for sentence for the relevant offence, in relation to which the notice has been issued.
3: An application may be made under this section at any time, whether before or after the date specified in the compulsion order or databank compulsion notice as the date on which the person to whom the order or notice relates is to attend to give a bodily sample.
4: If a place, date, or place and date is varied under subsection (1)
5: A Judge may, if he or she considers it appropriate, on an application under this section, vary a compulsion order or databank compulsion notice in any manner he or she thinks fit, including (without limitation) variation of—
a: the application of a condition included in an order under section 24A(2), (3), or (5)
b: the particulars included in a notice under section 39A(2)(c), or (4)
6: To avoid doubt, an application must not be made under subsection (1) section 24A(2) or section 39A(2)(c) section 24A(4)(b) or section 39A(3)(b)(ii)
2: Part 1 Department of Child, Youth and Family Services Act 1999 Criminal Investigations (Blood Samples) Act 1995
25: New
section 48 The principal Act is amended by repealing section 48
48: Method by which bodily sample may be taken
1: If a bodily sample is being taken as a result of a Part 2A
2: If a bodily sample is being taken as a result of a suspect request or a databank request, or pursuant to a compulsion order or databank compulsion notice, it may, subject to subsections (3) to (5)
a: venous sample:
b: fingerprick sample:
c: buccal sample.
3: In the case of a bodily sample being taken as a result of a suspect request or a databank request, the person from whom the sample is to be taken must be given an opportunity to elect which of the 3 methods referred to in subsection (2)
4: In the case of a bodily sample being taken pursuant to a compulsion order or a databank compulsion notice where the Judge has not specified the method by which the sample is to be taken under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B subsection (2)
a: he or she agrees to give a sample in compliance with the order or notice, the sample must be taken by the method he or she has chosen; or
b: he or she refuses to give a bodily sample in compliance with the order or notice, the sample, if it is taken by force under section 54(2) section 54(3)
5: In the case of a bodily sample being taken pursuant to a compulsion order or databank compulsion notice where the Judge has specified under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B
a: if the person agrees to give a sample in compliance with the order or notice, the sample must be taken by the method specified by the Judge; or
b: if the person refuses to give a bodily sample in compliance with the order or notice, the sample, if taken by force under section 54(2) section 54(3)
i: buccal sample, if the Judge has specified under section 24A(1) or section 42(2)(b)(iii)
ii: fingerprick sample, in any other case.
6: A member of the police may indicate to a person making an election under subsection (3) or (4)(a)
7: If a person has been given a reasonable opportunity under subsection (3) or (4)(a)
8: Section 54(2) section 54(3) subsection (7)
26: New
section 49 The principal Act is amended by repealing section 49
49: Persons authorised to take blood samples
A blood sample taken from a person under this Act must be taken by a suitably qualified person.
27: New
section 49A The principal Act is amended by inserting, after section 49
49A: Persons authorised to take buccal samples
1: If a buccal sample is being taken pursuant to a compulsion order or databank compulsion notice from a person of or over the age of 17 years, he or she may elect to—
a: take the buccal sample himself or herself under the supervision of a member of the police; or
b: have the buccal sample taken by a suitably qualified person.
2: If a buccal sample is being taken pursuant to a suspect request or a databank request from a person of or over the age of 17 years, the buccal sample must be taken by the person from whom the buccal sample is to be taken himself or herself under the supervision of a member of the police.
3: If a buccal sample is being taken under this Act from a person of or over the age of 14 years but under the age of 17 years, he or she may elect to—
a: take the buccal sample himself or herself under the supervision of a member of the police; or
b: have the buccal sample taken by a suitably qualified person.
4: If a buccal sample is being taken under this Act from a child, he or she may elect—
a: 1 of the options set out in subsection (3)
b: to have the buccal sample taken by a parent, under the supervision of a member of the police.
5: Despite subsections (1)(a), (2), and (3)(a)
6: Despite subsection (4)
a: a parent, under the supervision of a member of the police; or
b: a suitably qualified person.
7: A bodily sample must not be taken from a child if—
a: a buccal sample is to be taken as a result of a Part 2A
b: the child is unable to take the buccal sample himself or herself due to disability or injury; and
c: the child does not make an election under subsection (6)
28: Person giving sample entitled to have certain other persons present
Section 50 subsection (1)
1: A person from whom a bodily sample is taken is entitled to have the following persons present during the taking of the sample:
a: a lawyer, or another person, of the person's choice; and
b: in the case of a person under the age of 17 years, a parent or other person who has the care of that person.
29: Medical practitioner, etc, not compelled to take sample or be present
1: The heading to section 51 Medical practitioner, etc Suitably qualified persons and certain other persons
2: Section 51(a) medical practitioner or registered nurse suitably qualified person
3: Section 51 paragraph (b)
b: compels any lawyer or person chosen under section 50(1)(a) or (3) section 50(1)(b)
c: compels any parent to take a buccal sample from his or her child under section 49A(4)(b) or (6)(a)
30: Who may be present when blood sample taken
1: Section 52(1) paragraph (b)
b: the suitably qualified person who is to take the sample or the member of the police who will supervise the taking of the sample or, if section 49A(4)(b) or (6)(a) .
2: Section 52(1) paragraph (d)
da: in the case of a suspect under the age of 17 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A paragraph (c) or paragraph (d) .
3: Section 52(1)(e) for the time being guarding or escorting
4: Section 52 subsection (2)
31: New
section 52A The principal Act is amended by inserting, after section 52
52A: Who must be present when suspect under age of 17 years takes own buccal sample for suspect request or
Part 2A A suspect who is under the age of 17 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A
a: an independent adult is present when the buccal sample is taken; and
b: the suspect has confirmed, in the presence of that independent adult, before taking the buccal sample, that he or she has elected to take a buccal sample himself or herself.
32: New
section 54 The principal Act is amended by repealing section 54
54: Procedure 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 member of the police must do the following:
a: 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
b: 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 member of the police may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample:
c: 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 section 24A(1) or section 42(2)(b)(iii)
d: 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)
2: If a person refuses to give a bodily sample pursuant to a compulsion order or a databank compulsion notice, a member of the police may—
a: use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample; or
b: if a Judge has specified under section 24A(1) or section 42(2)(b)(iii)
3: If a person who refuses to give a bodily sample is detained in a penal institution, a prison officer may, on a request made by a member of the police, use or cause to be used reasonable force to aid a member of the police to assist a suitably qualified person to take a fingerprick sample or, if subsection (2)(b)
4: If a member of the police exercises the power conferred by subsection (2)
33: How venous sample to be dealt with
Section 55(2) paragraph (c)
c: one part of the venous sample must be delivered—
i: immediately to the person from whom it was taken; or
ii: if the person from whom the venous sample is taken is in custody (other than pursuant to a warrant issued under section 45
A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the venous sample is taken; or
B: immediately to any person nominated for the purpose if the nominated person is present when the venous sample is taken.
34: How fingerprick sample to be dealt with
Section 56 paragraph (d)
d: deliver any second fingerprick sample—
i: immediately to that person; or
ii: if the person from whom the fingerprick sample is taken is in custody (other than pursuant to a warrant issued under section 45
A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the fingerprick sample is taken; or
B: immediately to any person nominated for the purpose if the nominated person is present when the fingerprick sample is taken.
35: New
section 56A The principal Act is amended by inserting, after section 56
56A: How buccal sample to be dealt with
1: This section applies to the following persons:
a: any member of the police supervising the taking of a buccal sample; and
b: any suitably qualified person taking a buccal sample.
2: Any person to whom this section applies must, after the taking of a buccal sample,—
a: as soon as is practicable,—
i: seal the buccal sample in a container once it has dried; or
ii: place the buccal sample in a container in a way that allows it to dry; and
b: ask the person from whom the buccal sample was taken whether or not he or she wishes to have a second buccal sample taken for the purposes of having the buccal sample analysed on his or her own behalf; and
c: if the person responds in the affirmative,—
i: in the case of a member of the police supervising the taking of the buccal sample, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); or
ii: in the case of a suitably qualified person, with the person's consent take a second buccal sample or, if the person so requests, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); and
d: deliver any second buccal sample—
i: immediately to that person; or
ii: if the person from whom the buccal sample was taken is in custody (other than pursuant to a warrant issued under section 45
A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the buccal sample is taken; or
B: immediately to any person nominated for the purpose if the nominated person is present when the buccal sample is taken.
36: Analysis of material found at scene, etc
1: Section 57 paragraph (a)
a: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
i: at the scene of the offence; or
ii: on the victim of the offence; or
iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
v: on any person or thing reasonably believed to have been associated with the commission of the offence; and .
2: Section 57
2: Subsection (1) Part 2A section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989
37: New
section 61A The principal Act is amended by inserting, after section 61
61A: Disposal of buccal samples and identifying information obtained under
Part 2A
1: The Commissioner must ensure that a buccal sample taken from a suspect as a result of a Part 2A subsection (2)
a: in a case where the results of analysis of the buccal sample do not tend to confirm the suspect's involvement in the offence in relation to which the buccal sample was taken, as soon as practicable after the police receive those results; or
b: in a case where the results of analysis of the buccal sample tend to confirm the suspect's involvement in the offence in relation to which the buccal sample was taken but an application is not made for a declaration that the suspect is in need of care or protection on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989
c: in the case where the results of analysis of the buccal sample tend to confirm the suspect's involvement in the offence in relation to which the buccal sample was taken and an application has been made for a declaration that the suspect is in need of care or protection on the ground set out in section 14(1)(e) of the Children, Young Persons, and Their Families Act 1989
2: The information is—
a: every record of any analysis of the buccal sample carried out on behalf of any member of the police; and
b: every record to the extent that it contains
i: information about the buccal sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the buccal sample was taken.
38: Disposal of blood samples and identifying information obtained under
Part 3 Section 62(4)(a) order made notice issued
39: Material extracted from samples to be destroyed
Section 63 section 60 , section 61A
40: Translation of notices
1: Section 64(a) section 8(2)(a) or section 24E(a)
2: Section 64(d) as the case requires, section 24G(2)
41: Application of
Legal Services Act 2000 Section 67 subsection (2)
42: Consent to taking of bodily sample may not be given on person's behalf
Section 73 response to a suspect request , Part 2A
43: Payment of lawyer appointed to represent suspect
Section 74(1) section 44(2) of this Act section 41C(3)
44: Fees and expenses of lay advocate
Section 75 or section 44(1)(b)(vi) of this Act or section 41C(2)(c)
45: Information relating to blood samples to be included in annual report of Police
1: Section 76 paragraph (a)
ab: the number of occasions on which a buccal sample has been taken with the consent of a person given in response to a databank request: .
2: Section 76 paragraph (c)
ca: the number of occasions on which a blood sample has been taken pursuant to a compulsion order:
cb: the number of occasions on which a buccal sample has been taken pursuant to a compulsion order:
cc: the number of occasions on which a blood sample has been taken pursuant to a databank compulsion notice:
cd: the number of occasions on which a buccal sample has been taken pursuant to a databank compulsion notice:
ce: the number of—
i: databank compulsion notice hearings requested; and
ii: Part III .
3: Section 76 paragraph (d)
d: the number of—
i: occasions on which a DNA profile obtained under a Part II
ii: persons referred to in subparagraph (i)
da: the number of—
i: occasions on which a DNA profile obtained under a Part III Part II
ii: suspect compulsion orders granted in respect of those applications: .
4: Section 76 paragraph (e)
e: the number of occasions on which any member of the police has used or caused to be used force to assist a suitably qualified person to take a fingerprick or buccal sample pursuant to a compulsion order or databank compulsion notice:
ea: the number of occasions on which a buccal sample has been taken as a result of a Part 2A .
5: Section 76 paragraph (f)
f: the total number of DNA profiles stored on a DNA profile databank at the end of the period under review, together with a breakdown of that total according to whether the bodily samples from which the DNA profiles were obtained were taken by consent or pursuant to a compulsion order or databank compulsion notice:
g: the number of occasions on which a DNA profile obtained from evidence at the scene of an offence or in connection with an offence is matched with a DNA profile obtained under a Part II
h: the number of occasions on which a DNA profile obtained from evidence at the scene of an offence or in connection with an offence is matched with a DNA profile on the DNA profile databank obtained under a Part III
46: Offences
Section 77(1)(b) order notice
47: Breach of compulsion order not punishable as contempt
1: The heading to section 78 compulsion order or Part III
2: Section 78 or a Part III
48: Indemnity
Section 79(1) of this Act or (3)
49: Regulations
1: Section 80(a) blood bodily
2: Section 80(b) blood bodily
3: Section 80(g) section 44(2) of this Act section 41C(3)
50: Amendment to
Summary Proceedings Act 1957 Section 82
51: New
sections 83 84 The principal Act is amended by inserting, after section 82
83: Transitional provision
1: Despite the amendments made to this Act by the Criminal Investigations (Bodily Samples) Amendment Act 2003, this Act continues to apply as if those amendments had not been made in respect of—
a: a suspect request or a databank request to take a blood sample made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003
b: an application for a suspect compulsion order, juvenile compulsion order, or databank compulsion order to take a blood sample made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003
2: Leave may be sought to apply for a further databank compulsion order in relation to a databank compulsion order made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003
3: If leave is sought to apply for a further suspect compulsion order or further juvenile compulsion order in relation to a suspect compulsion order or juvenile compulsion order made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003
84: Savings
The amendments made to this Act by the Criminal Investigations (Bodily Samples) Amendment Act 2003 do not affect the validity or effect of anything done under this Act before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003
52: New Schedule substituted
The principal Act is amended by repealing the Schedule Schedule 2
2: Amendment to
Summary Proceedings Act 1957
53: Amendment to
Summary Proceedings Act 1957 Part 2 Summary Proceedings Act 1957 Criminal Investigations (Blood Samples) Act 1995 Blood Bodily