The law on consent to give DNA samples or not differ from one country to another.
In UK (United Kingdom)or rather in England and Wales the Criminal Justice and Police Act 2001 changed this to allow DNA to be retained from people charged with an offence, even if they were subsequently acquitted. The Criminal Justice Act 2003 later allowed DNA to be taken on arrest, rather than on charge. Since April 2004, when this law came into force, anyone arrested in England and Wales on suspicion of involvement in any recordable offence (all except the most minor offences) has their DNA sample taken and stored in the database for 12 years, whether or not they are subsequently charged or convicted.
Malaysia passed the DNA Bill in June 2009 that will force criminal suspects to provide DNA samples. The compulsion would be through a court order.
The one below which is applicable in New Zealand would be close to the Malaysian's requirement.
WHEN DO I HAVE TO GIVE A DNA SAMPLE TO THE POLICE?
What is DNA?
The human body is made up of millions of cells. Each cell contains DNA and each person's DNA is slightly different. This means that your DNA profile can be used to identify you. For example, if the Police found a hair at a crime scene, using DNA they could work out if it belonged to you provided they have your DNA profile. This is why the Police collect DNA and store it on their DNA database.
Police powers to take DNA samples
The Police can take a DNA sample in certain situations. They do this by taking a buccal test (done by swabbing the inside of the mouth) or a blood test (usually done by a fingerprick) .
A blood sample can only be taken by a suitably qualified person, like a doctor or nurse. You may take a buccal sample yourself. You can choose which way the sample is taken unless a Judge orders otherwise.
The powers the Police have depend on:
• whether you're a suspect in a specified crime and they have evidence to compare a profile to; or
• if they simply wish to include your DNA profile in their DNA databank.
If you're a suspect
When the Police are investigating an offence they may take a sample from you only if:
• you are a suspect; and
• the offence is serious enough that it will be determined by a jury (an "indictable offence"); and
• they have reasonable grounds to believe that the sample will confirm or disprove your involvement in the indictable offence.
They either need your permission to take a sample or a compulsion order from the High Court. You can speak to a lawyer about giving a sample at any time.
If the offence is a "summary offence" (for example, common assault or wilful damage), the Police can only take a sample if you give them permission.
Police requests for a DNA sample
When the Police ask to take a sample for DNA analysis, they must give you a written notice and tell you the following things:
• the offence the sample request relates to;
• that they have reasonable grounds to believe the sample will confirm or disprove your involvement in the offence;
• you do not have to give the sample;
• you can change your mind about giving the sample at any time before it is taken;
• you are able to speak to a lawyer before deciding;
• the sample may be used as evidence;
• if you don't consent to giving the sample, and there is good cause to suspect you committed the offence they are requesting the sample for, the Police may apply to the Court for an order requiring you to give a sample.
If you allow the Police to take a sample, your consent must be written and signed or recorded on video. At any stage before the sample is taken, you can withdraw your consent just by saying so.
If you're between 14 and 17 years old, the Police will need both your permission and permission from one of your parents. If you're under 14, the Police may ask you to give a sample but they cannot make you give one unless the offence they are relying on is manslaughter or murder. If the offence they are investigating isn't one of those, the only way they can get a sample is if you let them. They can only take a buccal sample in this case.
If you refuse to give a sample, the Police will need to apply to the High Court for a compulsion order to take a DNA sample. A notice must be sent to you by the Police telling you they have applied to the Court and you are able to give evidence to the Court opposing the grant of the order.
The two guys from DAP who refused to give their samples can't escape.The police can get a court order to compel them to provide the samples.