An enforcement officer is a member of the Police or an officer or employee of the Public Service or a Local Authority who is acting in the course of his / her official duties. This does not include an officer of a prison.
An enforcement officer may enter the prison to interview a prisoner at any time agreed by the prison director.
Prior to being taken to the visits area, the prisoner should be informed that:
an enforcement officer wishes to interview them
they do not have to consent to the interview
they have the right to end the interview at any time
if the interview relates to a matter that could lead to a charge, that declining consent to the interview or ending the interview does not prevent a possible decision of the enforcement officer to charge the prisoner.
If the prisoner consents, the prisoner should then be taken to the interview area to see the enforcement officer, where the enforcement officer will then explain the purpose of the interview.
The corrections officer must be present at the beginning of the interview, and if requested to do so by the prisoner or enforcement officer, must remain in sight during the interview. Regardless of whether they remain in sight, the corrections officer must be in a position where the prisoner or enforcement officer can contact them if they need to do so.
If at any stage the enforcement officer believes that there is sufficient evidence to charge the prisoner with an offence, they will advise the prisoner of their rights under the New Zealand Bill of Rights Act 1990. This advice of rights does not affect the prisoner’s right to end the interview at any time.
If the prisoner chooses to end the interview, the interview must be terminated and the prisoner removed from the interview area. The enforcement officer may, in practice, complete giving the prisoner advice of their rights as the prisoner is being prepared to be returned to where they came from.
V.02.R01.02 Visits by Police for the purpose of obtaining a DNA sample
The Police are entitled to visit a prison for the purpose of obtaining a compulsory DNA bodily samples from prisoners convicted of an offence and detained under sentence of imprisonment or detained on remand.
The Police will contact the prison (delegated liaison person) with a list of prisoners required to provide a sample and who will be served a notice requiring them to provide a DNA sample.
The Police will contact the prison liaison confirming the visit and the names of prisoners who are to be served with notice requiring them to provide a DNA sample the day before the visit.
The Police will serve the required notice on a prisoner with a corrections officer as witness. The Police will request the corrections officer to sign a statement form as witness to the event "Prison Officer (Witness to Service of DNA Documents)". (The Police forms use the term "Prison Officer", as that is the term used in the legislation).
There must be a clear 14-day period between the service of the notice and the taking of the DNA sample. A prisoner may give a sample within the 14-day period (i.e. on the day of being served with the notice). In this situation the prisoner will be required by the Police to sign a form "Prisoner’s Waiver of 14 Days Notice (Prisoner’s Consent to give DNA Sample Earlier)".
Any agreement between the prisoner and the Police to vary the date and / or place for the taking of a DNA sample (including an agreement to take the sample within the 14-day period referred to above) must be approved by the prison director or a person authorised by the prison director to give this approval. (This does not require any formal delegation / authorisation process, but the prison director should keep a written record of who he / she authorises to give these approvals).
The prison director or person authorised by the prison director will be requested by the Police to sign a form "Prison Manager’s Approval (Approval of Agreement between Prisoner and Police to vary the date and / or place for the taking of a Bodily Sample)".
The liaison person is responsible for contacting the Police if a prisoner requests a Databank Compulsion Notice Hearing.
A prisoner may elect to have a suitably qualified person take a buccal sample rather than taking it themselves and must inform the liaison person of their election. The liaison person is responsible for informing the Police of the prisoner’s election and the Police will then make the arrangements for the sample collection.
A prisoner providing a sample must be identified by his / her IOMS photo as well as 'face-to-name' by the accompanying corrections officer.
Sampling is to take place at the prison site in a facility that provides privacy and security.
The corrections officer who identifies the prisoner and witnesses the sample being obtained by the Police is to complete and sign a form "Prison Officer Statement (Witness to DNA Sample being Obtained)".
V.02.R01.03 Use of force to obtain a DNA sample
Any use of force by corrections officers in this situation must only be following a request made by a member of the Police; under no circumstances should corrections officers initiate the use of force.
The role of corrections officers is only to use force to aid a member of the Police (on request) to assist a suitably qualified person to take a sample. This means that the use of force in this situation is ultimately the responsibility of, and should be controlled by, the (senior) member of the Police present. The indemnity against civil and criminal liability only applies where reasonable force is used or is caused to be used.
The procedures relating to POM Incident response and reporting procedures will apply in all instances where corrections officers use force to assist Police when obtaining DNA sample from a prisoner.
