sec.484Taking DNA sample from adult before court

### sec.484 Taking DNA sample from adult before court This section applies if, in a proceeding against an adult for an indictable offence, a court is satisfied it is reasonably necessary, having regard to the rights and liberties of the person and the public interest, to take a DNA sample for DNA analysis from the person. The court may make either of the following orders— an order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis; an order— that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) . A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse. Maximum penalty—2 years imprisonment. It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person. A DNA sampler may take a DNA sample for DNA analysis from a person who is detained under an order made under subsection (2) (a) or (b) or reports to a police station or police establishment as required under an order made under subsection (2) (b) . s 484 ins 2003 No. 49 s 10 (sec.484-ssec.1) This section applies if, in a proceeding against an adult for an indictable offence, a court is satisfied it is reasonably necessary, having regard to the rights and liberties of the person and the public interest, to take a DNA sample for DNA analysis from the person. (sec.484-ssec.2) The court may make either of the following orders— an order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis; an order— that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) . (sec.484-ssec.3) A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse. Maximum penalty—2 years imprisonment. (sec.484-ssec.4) It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person. (sec.484-ssec.5) A DNA sampler may take a DNA sample for DNA analysis from a person who is detained under an order made under subsection (2) (a) or (b) or reports to a police station or police establishment as required under an order made under subsection (2) (b) . - (a) an order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis; - (b) an order— (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) . - (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and - (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) . - (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and - (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .