Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

Case Study 28
A homeless man died after being bashed in a park one night. Police arrested a suspect, who did not consent
to having his photograph or DNA taken. These procedures were carried out by order of a senior police officer.
In the following weeks police conducted further inquiries and identified several other suspects. Each declined
to provide a DNA sample. Police applied to the local court for an order authorising DNA samples to be taken
from these suspects, none of whom had been arrested. The court granted the orders and the suspects
provided DNA samples by buccal swab. 580
Case Study 29
In April 2004 a man was charged with two counts of causing a grievous bodily disease, after knowingly
infecting tourists from Ireland and Germany with HIV. Investigating police obtained a court order authorising a
forensic procedure to be conducted, to confirm the man was HIV positive. 581
7.4.1.2. Where police propose to conduct an intimate forensic procedure without consent
Senior police officers can only authorise non-intimate forensic procedures. If they propose to conduct an intimate
forensic procedure in the absence of consent, a court order is required. 582
Case Study 30
An 82 year old woman woke up in the early hours of the morning to find a young man in her bedroom. He
sexually assaulted her and then asked for money. He took food from the fridge, ate it and then left. After
making inquiries police identified a suspect, who denied being involved and did not consent to any forensic
procedures. Police applied for a court order authorising photographs to be taken of the suspect’s genitals, as
well as a DNA sample. The order was granted and the photos and sample were subsequently taken. 583
7.4.1.3. Where the suspect is a child
Children cannot consent to forensic procedures; a court order is required. 584
Case Study 31
A 40 year old man was struck on the side of his face with a baseball bat by an unknown young person. The
young person drove off, but left a baseball cap at the scene. After making inquiries police identified a 17 year
old suspect, and applied for a court order authorising a DNA sample to be taken. The sample was taken
and sent to the laboratory for analysis. The DNA profile obtained from the baseball cap “matched” the profile
obtained from the suspect, and the suspect was charged with the assault. 585
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000