sec.488Taking DNA sample from child

### sec.488 Taking DNA sample from child This section applies if a police officer— starts or continues a proceeding for an indictable offence against a child by arrest, notice to appear or complaint and summons; and considers it is reasonably necessary to take a DNA sample from the child for DNA analysis. The police officer may apply to the Childrens Court for an order authorising a DNA sampler to take a DNA sample from the child for DNA analysis. The police officer must give notice of the application to— the child; and a parent of the child, unless a parent can not be found after reasonable inquiry; and the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility. The court may order the taking of a DNA sample if satisfied— an indictable offence has been committed; and the child is reasonably suspected of having committed the offence; and a DNA analysis may tend to prove or disprove the child’s involvement in the offence. If the child will not be in custody when the sample is proposed to be taken, the order— must require the child to 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 may authorise a police officer to detain the child and take the child to an appropriate place to enable a DNA sample to be taken from the child for DNA analysis if the child does not comply with paragraph (a) . A child named in an order made under subsection (4) that contains a requirement mentioned in subsection (5) must not contravene the order, unless the child has a reasonable excuse. Maximum penalty—10 penalty units. For subsection (6) — it is a reasonable excuse for the child to contravene the order that a copy of the order has not been given to the child; and it is not a reasonable excuse for the child to contravene the order that complying with it may tend to incriminate the child. A DNA sampler may take a DNA sample from the child if the child is in custody, attends at a police station or police establishment as required under an order made under subsection (5) or is detained under an order made under that subsection. To give effect to an order made under subsection (4) or (5) (b) , a police officer may detain the child. If the child is not already in custody, the time for which the child may be detained is— 1 hour; or a longer reasonably necessary time, having regard to the particular circumstances. In this section— parent , of a child, includes an approved carer of the child under the Child Protection Act 1999 . s 488 ins 2000 No. 22 s 18 amd 2002 No. 26 s 5 sub 2003 No. 49 s 10 amd 2005 No. 17 s 15 ; 2005 No. 40 s 69 sch ; 2016 No. 62 s 493 s ch 1 pt 1 (sec.488-ssec.1) This section applies if a police officer— starts or continues a proceeding for an indictable offence against a child by arrest, notice to appear or complaint and summons; and considers it is reasonably necessary to take a DNA sample from the child for DNA analysis. (sec.488-ssec.2) The police officer may apply to the Childrens Court for an order authorising a DNA sampler to take a DNA sample from the child for DNA analysis. (sec.488-ssec.3) The police officer must give notice of the application to— the child; and a parent of the child, unless a parent can not be found after reasonable inquiry; and the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility. (sec.488-ssec.4) The court may order the taking of a DNA sample if satisfied— an indictable offence has been committed; and the child is reasonably suspected of having committed the offence; and a DNA analysis may tend to prove or disprove the child’s involvement in the offence. (sec.488-ssec.5) If the child will not be in custody when the sample is proposed to be taken, the order— must require the child to 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 may authorise a police officer to detain the child and take the child to an appropriate place to enable a DNA sample to be taken from the child for DNA analysis if the child does not comply with paragraph (a) . (sec.488-ssec.6) A child named in an order made under subsection (4) that contains a requirement mentioned in subsection (5) must not contravene the order, unless the child has a reasonable excuse. Maximum penalty—10 penalty units. (sec.488-ssec.7) For subsection (6) — it is a reasonable excuse for the child to contravene the order that a copy of the order has not been given to the child; and it is not a reasonable excuse for the child to contravene the order that complying with it may tend to incriminate the child. (sec.488-ssec.8) A DNA sampler may take a DNA sample from the child if the child is in custody, attends at a police station or police establishment as required under an order made under subsection (5) or is detained under an order made under that subsection. (sec.488-ssec.9) To give effect to an order made under subsection (4) or (5) (b) , a police officer may detain the child. (sec.488-ssec.10) If the child is not already in custody, the time for which the child may be detained is— 1 hour; or a longer reasonably necessary time, having regard to the particular circumstances. (sec.488-ssec.11) In this section— parent , of a child, includes an approved carer of the child under the Child Protection Act 1999 . - (a) starts or continues a proceeding for an indictable offence against a child by arrest, notice to appear or complaint and summons; and - (b) considers it is reasonably necessary to take a DNA sample from the child for DNA analysis. - (a) the child; and - (b) a parent of the child, unless a parent can not be found after reasonable inquiry; and - (c) the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility. - (a) an indictable offence has been committed; and - (b) the child is reasonably suspected of having committed the offence; and - (c) a DNA analysis may tend to prove or disprove the child’s involvement in the offence. - (a) must require the child to 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 - (b) may authorise a police officer to detain the child and take the child to an appropriate place to enable a DNA sample to be taken from the child for DNA analysis if the child does not comply with paragraph (a) . - (a) it is a reasonable excuse for the child to contravene the order that a copy of the order has not been given to the child; and - (b) it is not a reasonable excuse for the child to contravene the order that complying with it may tend to incriminate the child. - (a) 1 hour; or - (b) a longer reasonably necessary time, having regard to the particular circumstances.