Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 485

485 Taking DNA sample after finding of guilt

(1) This section applies if a court finds an adult guilty of an indictable offence, including an indictable offence that is dealt with summarily.

(2) The court may make either of the following orders—

(a) 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;

(b) an order—

(i) 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

(ii) 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) .

(3) A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse.

Penalty—

Maximum penalty—2 years imprisonment.

(4) It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.

(5) 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) .

(6) If the application for the order is not made at the time, or soon after, the person is found guilty of the indictable offence, the court must consider whether it is appropriate to make the order having regard to the period of time that has elapsed since the finding of guilt and any reason given for the delay in making the application.