Registration of Criminals Act 1949 · 2020 Revised Edition · Part 3 · Identification of Individuals
26. Appropriate consent for taking body samples from volunteers
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Subject to subsection (2), a body sample must not be taken from a volunteer under section 23 unless the appropriate consent is given for the taking of the body sample.
body sample
“body sample” means —(a)a sample of blood;(b)a sample of head hair, including the roots thereof;(c)a swab taken from a person’s mouth; or(d)such other sample as may be prescribed under subsection (2);
Despite subsection (1), a DNA officer may take a body sample for forensic DNA analysis from a volunteer below 16 years of age without the appropriate consent if —
the consent of the parent or guardian of the volunteer is refused without good cause or cannot be obtained despite all reasonable efforts;
the volunteer is still willing to give the body sample; and
a Magistrate sanctions the taking of the body sample.