drink driving defence nz
The following was the law back in 1995 and must not be relied upon to be legal advice.
Under the Criminal Investigations Act 1995 the law that the police can issue a notice of request to suspects under the age of 17 and thus fall within the Youth Court, to give a blood sample.
Parents have to be issued with a notice and their consent granted.
A parent in relation to this provisions includes step parent, or guardian and may also include a person in New Zealand who is acting in place of the parent(s) if neither parent can be located.
If parental consent is not given to the police to take a blood sample from their child, then the place can apply to the High Court Judge for an order require a blood sample. However the police can only make such an application if they suspect, with good cause that an offence has been committed , the offence must be stated in the notice, and, the offence is one that is listed in Part A of the schedule to the criminal investigations blood samples act.
The your and parent or parents have 48 hours to decide whether or not to consent, and the clock starts ticking from the Tim the request was made.
It will be implied that the request has been refused if neither the young person nor their parent have consented with that time frame.
Any such blood sample given will be analysed by professionals on behalf of the police and can be used in criminal proceedings and will typically be adduced as evidence.
It is in the interests of justice that judicial proceedings are disposed of promptly and Judges will pay close scrutiny of delays and requests for adjournments do not continue .
Generally trial callers will priorities and set down systems to facilitate the early allocation of fixtures and the supervising Judge should ensure Court managers set depositions at the same time as pre deposition matters.