Registration of Criminals Act 1949 · 2020 Revised Edition · Part 3 · Identification of Individuals
27. Offence for refusal to give, etc., body sample
Feedback & supportLast amended by an amending law of 2022.
Subsections (2), (3) and (4) apply to an individual mentioned in section 19(1), 20(1), 21(1) or 22(1).
Except where subsection (3) or (4) applies, an individual mentioned in subsection (1) commits an offence if the individual, without reasonable excuse —
refuses to give a body sample;
refuses to allow a body sample to be taken from him or her; or
otherwise hinders or obstructs the taking of a body sample (other than an invasive sample) from him or her.
In a case where an individual mentioned in subsection (1) has not attained 16 years of age but has attained 14 years of age, both the parent or guardian of the individual and the individual who, without reasonable excuse, refuse to give the appropriate consent for an invasive sample to be taken from the individual each commits an offence.
appropriate consent
“appropriate consent” means —(a)in relation to a person who has attained the age of 16 years, the consent in writing of that person;(b)in relation to a person who has not attained the age of 16 years but has attained the age of 14 years, the consent in writing of both that person and of his or her parent or guardian; and(c)in relation to a person who has not attained the age of 14 years, the consent in writing of his or her parent or guardian,given to the authorised officer in charge of the case after the person concerned or his or her parent or guardian (as the case may be) has been informed by the authorised officer of the purpose for which a body sample is required from that person and the manner by which such body sample is to be taken from him or her;
In a case where an individual mentioned in subsection (1) has not attained 14 years of age, the parent or guardian of the individual who, without reasonable excuse, refuses to give the appropriate consent for an invasive sample to be taken from the individual commits an offence.
An individual commits an offence under subsection (2) regardless of whether the individual’s body sample (that is not an invasive sample) was obtained by reasonable force under section 25.
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);
An individual who is guilty of an offence under subsection (2) or (3) or a parent or guardian who is guilty of an offence under subsection (3) or (4) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both.