POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 488
Taking DNA sample from child
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 488
Taking DNA sample from child
488 Taking DNA sample from child
(1) This section applies if a police
officer—
(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.
(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.
(3) The police officer must give notice of the application to—
(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.
(4) The court may order the taking of a DNA sample if
satisfied—
(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.
(5) If the child will not be in custody when the sample is proposed
to be taken, the order—
(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) .
(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.
Penalty—
Maximum penalty—10 penalty units.
(7) For subsection (6)
—
(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.
(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.
(9) To give effect to
an order made under subsection (4) or (5) (b) , a police officer may detain
the child.
(10) If the child is not already in custody, the time for which
the child may be detained is—
(a) 1 hour; or
(b) a longer reasonably
necessary time, having regard to the particular circumstances.
