Criminal Investigations (Bodily Samples) Amendment Act 2009

1: Title
This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2009.
2: Commencement
1: This Act, except for Part 2
2: Part 2 Section 2(1) brought into force 6 September 2010 Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2010 Section 2(2) brought into force 5 December 2011 Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2011
3: Principal Act amended
This Act amends the Criminal Investigations (Bodily Samples) Act 1995 OIC SR 2010/220 2010-09-06 Criminal Investigations (Bodily Samples) Act 1995 Other than Part 2 (ss 1–31) OIC SR 2011/313 2011-12-05 Criminal Investigations (Bodily Samples) Act 1995 Part 2 (ss 32–50) — date must be later than date for rest of Act
1: New authority to take and retain bodily samples, and other amendments to principal Act
Preliminary provisions
4: Interpretation
1: Section 2(1) charged .
2: Section 2(1) independent adult independent adult section 2A .
3: Section 2(1) Part 2B temporary databank section 24O .
4: The definition of relevant offence section 2(1)
ba: an offence against any of the provisions listed in Part 3 .
5: Paragraphs (c) and (d) of the definition of relevant offence section 2(1) 1 or Part 2 1, 2, or 3
6: Section 2(1) triggering offence section 24J section 24K young person .
5: New section 2A inserted
The following section is inserted after section 2
2A: Meaning of independent adult
For the purpose of this Act, independent adult
a: in relation to 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 request and who has elected to take a buccal sample himself or herself, means,—
i: if a parent or other person having the care of the suspect is present under section 50(1)(b)
ii: if a person referred to in subparagraph (i) is not present but the suspect, or, if section 50(3)
iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008
A: chosen by the suspect; or
B: if the suspect fails or refuses to choose, chosen by a constable:
b: in relation to a young person from whom a bodily sample is being taken under Part 2B
i: if a parent or other person having the care of the young person is present under section 50A(2)(b)
ii: if a person referred to in subparagraph (i) is not present but the young person, or, if section 50A(4)
iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 17 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008,—
A: chosen by the young person; or
B: if the young person fails or refuses to choose, chosen by a constable. Amendment to Part 2 of principal Act
6: New section 5A inserted
The following section is inserted after section 5
5A: Relationship to Part 2B
The authority in this Part to take, or order the taking of, a bodily sample from a person in respect of an offence is not limited by the fact that a bodily sample has been taken from that person under Part 2B New authority to take bodily samples
7: New Part 2B inserted
The following Part is inserted after section 24I
2B: Taking bodily sample from person arrested or intended to be charged with relevant offence
24J: Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence
1: A constable may require a person who is of or over the age of 17 years to give a bodily sample if either—
a: the person is in the lawful custody of the Police and being detained for committing a relevant offence and is at a Police station or at any other place being used for Police purposes; or
b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by way of summons.
2: The sample must be taken in accordance with the procedures set out in Part 4.
3: If subsection (1)(b) applies, a constable may detain the person at any place—
a: in order for the bodily sample to be taken; and
b: only for the period necessary in order for the bodily sample to be taken.
24K: Authority to take bodily sample from young person arrested or intended to be charged with relevant offence
1: A constable may require a young person to give a bodily sample if either—
a: the person has been arrested for a relevant offence; or
b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by way of summons.
2: The sample must be taken in accordance with the procedures set out in Part 4.
3: If subsection (1)(b) applies, a constable may detain the person at any place—
a: in order for the bodily sample to be taken; and
b: only for the period necessary in order for the bodily sample to be taken.
24L: Relationship to Part 2
Nothing in Part 2 limits the authority to take a bodily sample conferred by section 24J or 24K
24M: Information to be given to person
If a constable proposes to require a person to give a bodily sample under section 24J or 24K
a: hand to the person a written notice containing the particulars specified in section 24N
b: inform the person in a manner and in language that the person is likely to understand—
i: what the triggering offence is; and
ii: of the effect of sections 24P and 24R
iii: of the effect of sections 48A 50A, 54A
iv: that the sample will be analysed; and
v: that a DNA profile derived from the sample cannot be used as evidence in criminal proceedings; and
vi: of the effect of section 26(ab) and (ac)
vii: of the effect of section 60A
24N: Form and content of notice
A notice given under section 24M
a: must be in the prescribed form; and
b: must contain the following particulars:
i: a reference to the triggering offence:
ii: a statement of the effect of sections 24P and 24R
iii: a summary of the provisions of sections 48A 50A 54A
iv: a summary of the provisions of sections 55, 56, and 56A relating to the procedures for the analysis of the sample and the disclosure of the results of the analysis:
v: a statement of the effect of section 26(ab) and (ac)
vi: a reference to the provisions of section 60A
vii: any other particulars that may be prescribed.
24O: Part 2B temporary databank
There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily samples taken under this Part.
24P: Information that may be kept on Part 2B temporary databank
A DNA profile derived from a bodily sample taken under this Part may be stored on a Part 2B temporary databank only if—
a: the person from whom the bodily sample was taken has been charged with the triggering offence, or a related relevant offence; and
b: circumstances have not yet arisen where—
i: records of the DNA profile must be destroyed under section 60A
ii: the DNA profile may be stored on a DNA profile databank under section 26(ab) or (ac)
24Q: Removal of DNA profiles from Part 2B temporary databank
When either of the circumstances in section 24P(b)(i) or (ii)
24R: Access to and disclosure of information on Part 2B temporary databank
1: Subject to subsections (2) to (5), no person may have access to any information stored on a Part 2B temporary databank, and no person may disclose any of that information, except for 1 or more of the following purposes:
a: to compare with unidentified DNA information obtained from the scenes of offences under investigation or otherwise in respect of which a conviction or further conviction is yet to be obtained, for the purpose of a criminal investigation by the Police into the triggering offence or any other offence:
b: for the purpose of making the information available, in accordance with the Privacy Act 1993, to the person to whom the information relates:
c: for the purpose of administering the Part 2B temporary databank.
2: For the purposes of subsection (1)(a), DNA information is unidentified if no Police investigation has established the particular person to whom the DNA information relates.
3: Nothing in this section applies in relation to information that does not identify any person.
4: Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 1993 to investigate any complaint made under Part 8 of that Act.
5: Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of—
a: any application for a compulsion order; or
b: the issuing of a databank compulsion notice or the making of a Part 3 order; or
c: the prosecution of an offence against section 77(2).
24S: Access to and use of bodily samples taken under this Part
No person may have access to, and no person may use, any bodily sample taken from any person under this Part except for the purpose of deriving from that sample a DNA profile—
a: for the purposes of this Part; and
b: where applicable, for storage on a DNA profile databank in accordance with section 26(ab) or (ac) Other amendments to principal Act
8: Information that may be kept on DNA profile databank
1: Section 26 , 60A 60
2: Section 26
ab: any DNA profile derived from a bodily sample taken from a person under Part 2B
i: that person is convicted of the triggering offence, or of a related relevant offence (unless the conviction is subsequently quashed); and
ii: the offence of which the person is convicted is a relevant offence; and
iii: in the case of a person who was a young person on the date of the offence, a sentence of imprisonment or of a non-custodial nature is imposed for the offence or a Youth Court makes an order under section 283 of the Children, Young Persons, and Their Families Act 1989:
ac: any DNA profile derived from a bodily sample taken from a young person under Part 2B
i: a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved; and
ii: the offence in relation to which the order was made is a relevant offence, or a related offence: .
9: New sections 26A and 26B inserted
The following sections are inserted after section 26
26A: Removal of certain DNA profiles from DNA profile databank
1: A DNA profile stored on a DNA profile databank must be removed from the databank and destroyed before the expiry of all fixed periods ( retention periods
2: In the case of a person's DNA profile stored under section 26(a) or (ab)
a: the person was a young person on the date of the offence; and
b: any of the following applies:
i: a Youth Court made an order under 1 or more of paragraphs (a) to (n) of section 283 of the Children, Young Persons, and Their Families Act 1989; or
ii: a Youth Court made an order under section 283(o) of the Children, Young Persons, and Their Families Act 1989
iii: a District Court (rather than a Youth Court) convicted the person of the offence but did not impose a sentence of imprisonment.
3: In the case of a profile stored under section 26(ac)
a: the person was a young person on the date of the offence; and
b: a Youth Court made an order under section 282 of the Children, Young Persons, and Their Families Act 1989 discharging the information relating to the offence after finding that the offence was proved.
4: The retention periods and effect of certain subsequent offences are as follows: Sentence or order Retention period for order or conviction Retention period for subsequent offence Section 26(a) or (ab) 10 years after date of that section 283 order If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26(a) or (ab) 10 years after date of section 283(o) order If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26(a) or (ab) 10 years after date of conviction If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period. Section 26 (ac) 4 years after date of section 282 order If a section 283 order is subsequently made during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If the person is subsequently convicted by a District Court without imprisonment during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If another section 282 order is subsequently made during that 4-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the first 4-year period.
5: A person's DNA profile stored under section 26 may, unless otherwise provided by this Act, be stored indefinitely on a DNA profile databank if any of the following apply:
a: if the profile is stored in relation to an offence and a court imposes a sentence of imprisonment for the offence:
b: if the profile is stored in relation to an offence and a retention period initially applies to the offence and, during that period, a subsequent order or conviction is made or entered against the person that is not specifically provided for in the third column of the table in subsection (4): Examples
During a 10-year period for a section 283 order, another section 283 order is made against the person or a conviction (with or without imprisonment) is entered against the person by any court. During a 10-year period for a conviction by a District Court, a section 283 order is made against the person or another conviction (with or without imprisonment) is entered against the person by any court. During a 4-year retention period for a section 282 order, 2 further section 282 orders are made against the person.
c: in any other case (whether the person is a young person or of or over the age of 17 years), no fixed retention period is specified by this Act.
26B: Certain young persons may apply for removal of DNA profiles from DNA profile databank
1: This section applies to a person if,—
a: before the commencement of this section,—
i: a DNA profile of the person was taken and stored on a DNA databank under Part 2 when the person was a young person; and
ii: a Youth Court made an order in relation to the person under section 282 or 283 of the Children, Young Persons, and Their Families Act 1989 in relation to an offence but no court imposed a sentence of imprisonment for the offence; and
b: within 10 years after the date of that order, the person is not convicted of an imprisonable offence.
2: The person’s DNA profile must be removed from the DNA databank and destroyed if the person applies in writing to the Commissioner requesting the removal of the profile.”
10: Heading above section 45AA amended
The heading above section 45AA : Compulsion order or databank compulsion notice
11: Method by which bodily sample may be taken
The heading to section 48 : samples under Parts 2, 2A, and 3
12: New section 48A inserted
The following section is inserted after section 48
48A: Method by which bodily sample may be taken: samples under Part 2B
1: If a bodily sample is being taken under Part 2B
a: fingerprick sample:
b: buccal sample.
2: The person from whom the sample is to be taken must be given an opportunity to elect which of the 2 methods referred to in subsection (1) is to be used to take the sample.
3: A constable may indicate to a person making an election under subsection (2) that the Police prefer a particular method for taking the sample.
4: The sample must be taken—
a: by the method in subsection (1) that the person has chosen; or
b: if the person has been given a reasonable opportunity to elect which of the methods in subsection (1) is to be used to take the sample and has indicated that he or she has no preference as to the method by which the sample is taken, by the method referred to in subsection (1) chosen by a constable.
5: Despite subsection (4), if reasonable force is required to take the sample, the sample must be taken by fingerprick sample.
13: Persons authorised to take buccal samples
1: Section 49A(1) or under Part 2B notice
2: Section 49A(3) is amended by adding ; or
c: in the case of a sample being taken under Part 2B
14: Person giving sample entitled to have certain other persons present
1: The heading to section 50 under Part 2, 2A, or 3 sample
2: Section 50(1) under Part 2, 2A, or 3 taken
15: New sections 50A to 50D inserted
The following sections are inserted after section 50
50A: Other person must be present when young person gives sample under Part 2B
1: This section and sections 50B to 50D Part 2B
2: The young person is entitled to have the following persons present during the taking of the sample:
a: a lawyer, or another person, of the young person's choice; and
b: a parent or other person who has the care of that young person.
3: The constable responsible for arranging the taking of the bodily sample must—
a: ascertain whether the young person wishes to exercise the right conferred on that person by subsection (2); and
b: take all reasonable steps to ensure that each person chosen is notified that the young person wishes him or her to be present during the taking of the sample.
4: A person referred to in subsection (2)(a) may, unless the young person objects, be chosen on the young person's behalf by a parent or other person who has the care of that young person, and in that case subsection (3) applies with all necessary modifications.
5: One of the following persons must be present during the taking of a bodily sample from a young person under Part 2B
a: a person chosen under this section by the young person or by a parent or other person who has the care of that young person:
b: a person chosen under section 50B(5)
c: a person chosen under section 50B(5)
d: a person, who is not a Police employee within the meaning of section 4 of the Policing Act 2008, chosen by the constable if the young person fails or refuses to make a choice under subsection (2).
50B: Further provision if other person chosen to be present not present when choice made
1: This section applies if—
a: a young person chooses under section 50A section 50A(2) section 50A(4) section 50A(2)(a)
b: any person chosen is not present when the choice is made.
2: The constable may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample.
3: If the constable issues a notice under subsection (2), the constable must take all reasonable steps to ensure that each person chosen as described in subsection (1)(a) is notified—
a: that the young person wishes him or her to be present during the taking of the sample; and
b: of the date on which, and the time and place at which, the sample is to be taken.
4: Subsection (5) applies if a constable believes, on reasonable grounds, that any person chosen as described in subsection (1)(a) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances.
5: The constable may refuse to allow the young person to have the person described in subsection (1)(a) present and—
a: may give the young person or a parent or other person who has the care of that young person the opportunity to—
i: choose another person described in section 50A(2)
ii: elect that the constable choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present; or
b: if the young person or parent or other person fails or refuses to make a choice or an election under paragraph (a), may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.
6: If a person chosen under subsection (5) is not present when the choice is made, the constable—
a: may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample; and
b: if the constable issues a notice under paragraph (a), must take all reasonable steps to ensure that the person chosen is notified,—
i: if applicable, that the young person wishes him or her to be present during the taking of the sample; and
ii: of the date on which, and the time and place at which, the sample is to be taken.
7: However, if a constable believes, on reasonable grounds, that any person chosen as described in subsection (5)(a)(i) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, the constable may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.
50C: Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B
1: A Judge of the appropriate court may, on application by a person described in subsection (2), issue a warrant to arrest and detain a young person until a bodily sample is taken if the Judge is satisfied that—
a: a notice was given to a young person under section 50B(2) or (6)
b: the young person failed to attend as specified in the notice to give a bodily sample.
2: A person referred to in subsection (1) is—
a: the constable who gave the notice; or
b: any other constable.
3: 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 the notice relates was unable to attend to give a bodily sample on the date specified in the notice due to reasons outside that person’s control.
4: In subsection (1), appropriate court
a: if the young person has not yet been charged for the triggering offence, the court in which the charge would be laid; or
b: if the young person has been charged for the triggering offence, the court in which the charge was laid.
50D: Form and effect of warrant issued under section 50C
1: A warrant issued under section 50C
a: must be in the prescribed form; and
b: expires immediately after a bodily sample is taken from the person to whom the notice under section 50B
2: A warrant under section 50C
a: the arrest of the person to whom the 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: If a bodily sample is taken under a warrant issued under section 50C Part 2B
4: The power to arrest and detain a person under a warrant issued under section 50C
16: Suitably qualified persons and certain other persons, not compelled to take sample or be present
1: Section 51(b)
a: inserting or 50A(2)(a) or (4) or 50B(5) 50(1)(a) or (3)
b: inserting or 50A(2)(b) 50(1)(b)
2: Section 51(c) 49A(4)(b) or (6)(a) 49A(3)(c), (4)(b), or (6)(a)
17: Who may be present when bodily sample taken
1: Section 52(1)(c) or section 50A(2) or (4) or 50B(5) 50
2: Section 52(1)(d) or 50A(2)(b) 50(1)(b)
3: Section 52(1)
f: any person chosen by a constable under section 50B(5)
g: any other person who is entitled by or under this Act to be present.
18: New section 54A inserted
The following section is inserted after section 54
54A: Procedure for taking bodily sample under Part 2B
1: If a constable proposes to require a person to give a bodily sample under Part 2B
a: ascertain from the person whether he or she wishes the sample to be taken by way of fingerprick sample or buccal sample:
b: inform the person that if he or she refuses to give a bodily sample a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample.
2: If a person refuses to give a bodily sample when required to do so under Part 2B
19: Disposal of bodily samples and identifying information obtained under Part 2
Section 60(1)(d) 12 24
20: New section 60A inserted
The following section is inserted after section 60
60A: Disposal of bodily samples and identifying information obtained under Part 2B
1: This section applies to—
a: a bodily sample taken under Part 2B
b: every record of any analysis of that bodily sample carried out on behalf of any constable; and
c: every record, to the extent that it contains—
i: information about the sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken.
2: The Commissioner must ensure that the bodily sample referred to in subsection (1)(a) is destroyed as soon as practicable after a DNA profile is obtained from the sample.
3: The Commissioner must ensure that any record referred to in subsection (1)(b) and (c) is destroyed,—
a: subject to section 61, as soon as practicable after the expiry of the period of 2 months beginning on the date on which the sample is taken, if the person is not charged with the triggering offence, or a related relevant offence, before the expiry of that period; or
b: if the person is charged with such an offence before the expiry of that period, as soon as practicable after the first of the following to occur:
i: the charge is withdrawn; or
ii: the person is acquitted of the offence.
4: Nothing in this section requires the destruction of a DNA profile that may lawfully be retained in a DNA profile databank.
21: Extension of period for which sample may be retained
1: Section 61
1: On application in accordance with this section, a High Court Judge may,—
a: in respect of a bodily sample taken under Part 2 and related records as described in section 60(1)(b) and (c), extend the period specified in section 60(1)(d); or
b: in respect of records as described in section 60A(1)(b) and (c) section 60A(3)(a)
1A: In this section, the period in section 60(1)(d) or, as the case may be, section 60A(3)(a) relevant period
2: Section 61
3: An extension or, as the case requires, a further extension of the relevant period may be granted under this section only if the High Court Judge is satisfied—
a: that the person from whom the bodily sample was taken has not been charged with the triggering offence, or a related relevant offence; and
b: either of the circumstances mentioned in subsection (3A) exists.
3A: The circumstances referred to in subsection (3) are—
a: that there is still good cause to suspect that the person committed an offence referred to in subsection (3)(a) and—
i: there is a good reason for the person not having been charged; and
ii: it is important to the investigation of the offence that the bodily sample, and any records that would otherwise be required to be destroyed, be retained; or
b: that—
i: there is not, or no longer, good cause to suspect that the person committed an offence referred to in subsection (3)(a); but
ii: it is important to the investigation of the offence, or to criminal proceedings in relation to that offence, that the bodily sample, and any records that would otherwise be required to be destroyed, be retained.
3: Section 61(5) (in the case of a sample taken under Part 2) sample
22: Material extracted from samples to be destroyed
Section 63 60, section 61A, or section 62 of this Act 60, 60A
23: Translation of notices
Section 64(a) 6(2)(a) or section 8(2)(a) or section 24E(a) or section 30(2)(a) or section 33(b) of this Act 6(2)(a), 8(2)(a), 24E(a), 24N
24: Non-attendance of persons not to affect admissibility of evidence
1: Section 69 or section 50A(2)(a) or (4) or 50B(5) section 50
2: Section 69
2: This section is subject to section 50A(5)
25: Information stored on DNA profile databank not admissible in criminal proceedings
1: The heading of section 71 or obtained under Part 2B databank
2: Section 71
1A: Subject to subsection (4), no DNA profile that is derived from a bodily sample taken under Part 2B
3: Section 71(4) or (1A) subsection (1)
26: New section 71A inserted
The following section is inserted after section 71
71A: Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes
1: A District Court Judge or Youth Court Judge may, on application made in accordance with this section, consent to a bodily sample taken from a person under Part 2B
2: An application for consent under subsection (1)—
a: must be made by a constable; and
b: must be made before the sample concerned is analysed by or on behalf of the Police; and
c: must be in writing and contain—
i: sufficient information to fairly inform the Judge of the nature of the bodily sample, the statutory authority for taking it, and the date on which it was taken; and
ii: a statement that satisfies the Judge that the sample has not been analysed; and
iii: a statement that the constable believes the sample taken from the person would tend to confirm or disprove the person's involvement in the commission of the offence and that gives the reasons for that belief; and
d: may be made without notice.
3: If the form of an application or consent under this section is not prescribed, the form must be acceptable to the court.
27: Information relating to bodily samples to be included in annual report of Police
1: Section 76
eb: the number of occasions on which a bodily sample has been taken under Part 2B
ec: the number of occasions on which a DNA profile was derived from a bodily sample taken under Part 2B
ed: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B section 24R(1)(a)
ee: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B
ef: the number of occasions on which a constable used reasonable force under section 54A(2)
eg: the total number of DNA profiles stored on a Part 2B temporary databank at the end of the period under review: .
2: Section 76
2: The information required by subsection (1)(eb) to (eg) must be provided together with a breakdown of those totals according to the ethnicity of the persons from whom the samples were taken, and the number of young persons from whom the samples were taken, so far as that information is known by the Police.
28: Offences
1: Section 77(1)
b: refuses to allow a bodily sample to be taken under a databank compulsion notice or under Part 2B
c: having been given a notice under section 50B Part 2B
2: Section 77(2)(a) , or a Part 2B temporary databank, databank
3: Section 77(2)(b) or a Part 2B temporary databank databank
4: Section 77(2)(c) , or a Part 2B temporary databank, databank
5: Section 77(2)(d)
a: inserting 24R section
b: inserting or a Part 2B temporary databank databank
6: Section 77(2)(e) 24S section
29: Indemnity
Section 79(1) or 54A(2)
30: New Part 3 added to Schedule
The Schedule Part 3 Schedule
31: Savings provision relating to new relevant offences
For the purposes of Part 3 section 30 Part 3 section 30
2: Extension of authority to take and retain bodily samples
Preliminary provision
32: Interpretation
Section 2(1) District Court imprisonable offence . Amendments to Part 2 of principal Act
33: Authority to take bodily sample from suspect
Section 5(a) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3
34: Request to consent to taking of bodily sample
1: Section 6(1) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 6(2)(b)(vii)
a: by omitting a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
b: by omitting High Court Judge District Court Judge
35: Form and content of notice
1: Section 7(b)(i) indictable offence imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 7(b)(viii)
a: omitting and that offence is a relevant offence,
b: omitting High Court Judge District Court Judge
3: Section 7(b)(xiii) and the offence of which the suspect is convicted is a relevant offence,
36: Application for order authorising taking of bodily sample
1: Section 13(1) High Court Judge District Court Judge
2: Section 13(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 13(2)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
37: Prohibition against publication of name of respondent
Section 14(1)(a) High Court Judge District Court Judge
38: Information may be withheld from respondent
Section 15(1) High Court Judge District Court Judge
39: Judge may authorise bodily sample to be taken
1: Section 16(1) High Court Judge District Court Judge
2: Section 16(1)(a) relevant
40: Application for order authorising taking of bodily sample from person under 17
1: Section 18(1) High Court Judge District Court Judge
2: Section 18(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 18(2)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
4: Section 18(3)(b)(vii) High Court Judge District Court Judge
41: Judge may authorise bodily sample to be taken
Section 23(1)(a) relevant
42: Form and content of compulsion order
Section 24(4)(h) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 Amendments to Part 2B of principal Act
43: Part 2B heading amended
The heading to Part 2B relevant offence imprisonable offence or offence listed in Part 3 of Schedule
44: Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence
1: The heading to section 24J section 7 relevant offence imprisonable offence or offence listed in Part 3 of Schedule
2: Section 24J(1)(a) and (b) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 Other amendments to principal Act
45: Information that may be kept on DNA profile databank
1: Section 26(a)(ii) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 26(ab)(i) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 26(ab)(ii) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
46: Removal of certain DNA profiles from DNA profile databank
Section 26A section 9
6: The profile must be removed from the databank no later than 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence, or, in any other case, no later than 10 years after the date of conviction, if—
a: either—
i: the person to whom the profile relates was a young person on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab)
ii: the person to whom the profile relates was of or over 17 years of age on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab)
b: the conviction was for an offence that was not a relevant offence at the time of the conviction; and
c: the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3
47: Certain young persons may apply for removal of DNA profiles from DNA profiles databank
Section 26B(1)(b) section 9 or offence against any of the provisions listed in Part 3
48: Issue and service of databank compulsion notice
1: Section 39(1)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 39(3) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3
3: Section 39(4) relevant offence imprisonable offence or offence against any of the provisions listed in Part 3
49: Disposal of bodily samples and identifying information obtained under Part 2
1: Section 60(1)(f) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3
2: Section 60
2: Subsection (2A) applies if—
a: a bodily sample is taken under Part 2 from a person; and
b: the person is convicted of the offence in respect of which the sample is taken, or of a related offence; and
c: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3
2A: The Commissioner must ensure that the sample is retained only for as long as necessary to enable a DNA profile to be obtained from the sample, and is then destroyed.
50: Extension of period for which sample may be retained
1: Section 61(1) section 21 High Court Judge District Court Judge
2: Section 61(3) High Court Judge District Court Judge