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Police Powers and Responsibilities Act 2000
sec.448What pt 2 provides
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### sec.448 What pt 2 provides
This part states general rules—
for obtaining a forensic procedure consent from a person suspected of committing an offence; or
for obtaining a forensic procedure consent, that relates only to the taking of a DNA sample, from a person for any of the following purposes—
to help decide whether or not the person may be a suspect in relation to an offence;
Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene.
to help locate a missing person;
A relative of a missing person may be asked to provide a DNA sample to help locate the missing person.
to help identify a deceased person or the remains of a deceased person.
A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.
See section 454 for the explanation that must be given to a person asked to give a forensic procedure consent.
However, nothing in this part requires a police officer or other person to obtain consent under this part to perform a forensic procedure under this chapter that the person is not specifically required to have consent for.
Also, nothing in this part requires a police officer to obtain a forensic procedure consent to perform a non-intimate forensic procedure on a person if the procedure does not involve the touching of the person by anyone other than the person or the taking of a DNA sample.
Subject to subsection (1) (b) , this part must not be construed as requiring a police officer to act under this part to obtain the consent of a person to the performance of a forensic procedure on the person if the person is not suspected of having committed an offence.
s 448 sub 2003 No. 49 s 10
(sec.448-ssec.1) This part states general rules— for obtaining a forensic procedure consent from a person suspected of committing an offence; or for obtaining a forensic procedure consent, that relates only to the taking of a DNA sample, from a person for any of the following purposes— to help decide whether or not the person may be a suspect in relation to an offence; Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene. to help locate a missing person; A relative of a missing person may be asked to provide a DNA sample to help locate the missing person. to help identify a deceased person or the remains of a deceased person. A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person. See section 454 for the explanation that must be given to a person asked to give a forensic procedure consent.
(sec.448-ssec.2) However, nothing in this part requires a police officer or other person to obtain consent under this part to perform a forensic procedure under this chapter that the person is not specifically required to have consent for.
(sec.448-ssec.3) Also, nothing in this part requires a police officer to obtain a forensic procedure consent to perform a non-intimate forensic procedure on a person if the procedure does not involve the touching of the person by anyone other than the person or the taking of a DNA sample.
(sec.448-ssec.4) Subject to subsection (1) (b) , this part must not be construed as requiring a police officer to act under this part to obtain the consent of a person to the performance of a forensic procedure on the person if the person is not suspected of having committed an offence.
- (a) for obtaining a forensic procedure consent from a person suspected of committing an offence; or
- (b) for obtaining a forensic procedure consent, that relates only to the taking of a DNA sample, from a person for any of the following purposes— (i) to help decide whether or not the person may be a suspect in relation to an offence; Example— Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene. (ii) to help locate a missing person; Example— A relative of a missing person may be asked to provide a DNA sample to help locate the missing person. (iii) to help identify a deceased person or the remains of a deceased person. Example— A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.
- (i) to help decide whether or not the person may be a suspect in relation to an offence; Example— Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene.
- (ii) to help locate a missing person; Example— A relative of a missing person may be asked to provide a DNA sample to help locate the missing person.
- (iii) to help identify a deceased person or the remains of a deceased person. Example— A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.
- (i) to help decide whether or not the person may be a suspect in relation to an offence; Example— Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene.
- (ii) to help locate a missing person; Example— A relative of a missing person may be asked to provide a DNA sample to help locate the missing person.
- (iii) to help identify a deceased person or the remains of a deceased person. Example— A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.