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

Several targeted screens have been conducted in New South Wales since the volunteer provisions of the Act came
into force:
Case Study 46
In 2003, police officers conducted a targeted screen of about 80 men in relation to the unsolved murder of
a young woman in the Southern Highlands in 1999. Media reports stated that police were asking for DNA
samples from various groups, including the deceased’s male acquaintances, work colleagues, and all those
who had been to the Bargo Hotel on the night she died. 699 We understand the matter is still under investigation.
Case Study 47
In 2004, police officers conducted a targeted screen in relation to allegations by a Coffs Harbour woman that
she had been sexually assaulted by various players from the Bulldogs Rugby League Club. We understand the
players were sampled as volunteers. Media reports stated that police interviewed 25 players, and all but one
provided DNA samples. 700 It appears investigating police considered applying for a court order compelling the
last player to provide a DNA sample, but decided against this course of action, 701 we presume because there
were no reasonable grounds for believing the player had committed an offence.
Case Study 48
A young woman disappeared after going to a party in a small country town. Her body was found nearby some
days later. Police have approached people in the local community for DNA samples and so far have obtained
over 25 samples from people who were at the party and other locals. We understand the matter is still under
investigation. 702
In our survey, we asked local area commands whether they had conducted any mass screenings. Apart from those
detailed above, none had.
7.7.3. Issues raised by mass screenings
A mass screening may be a useful investigative strategy in appropriate circumstances. However, mass screenings
raise a number of different issues: 703
• people who are approached to provide a sample may feel compelled to comply – in which case it is
questionable whether the forensic procedure is truly voluntary
• people who decline to participate may attract unreasonable suspicion by police and other members of the
community
• people asked to provide a DNA sample may have legitimate concerns about how long their sample will be
kept, what it will be used for, and whether it will be put on the DNA database
• DNA sampling large numbers of people in the hope of identifying an offender undermines established legal
principles, including the presumption of innocence and privilege against self-incrimination
• unlike other forensic procedure volunteers, who are not suspects but have a legitimate reason for their DNA to
be on the victim or at the crime scene, mass screening volunteers may have no connection at all to the crime
• given that the majority of volunteers will have no connection to the crime, the intrusion into their personal and
genetic privacy may not be warranted
• there are no limits on who can be asked to volunteer a sample, meaning that requests can be excessive, and
• mass screenings are expensive and may not be very effective.
124
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000