Police Powers and Responsibilities Act 2000

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).