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

normally hair samples) can be taken from adult suspects who do not consent to a buccal swab. Courts may order any
type of forensic procedure. 777
We found that in general, police understood that where a person did not consent to a buccal swab, they could
consider taking a sample without the person’s consent, and in this case a hair sample should be taken.
However, we received a complaint relating to a suspect who had a buccal swab taken by force. This complaint is
discussed in more detail at 15.3.4 as complaint number 6.
8.6.2. Hair samples
Hair samples are generally only taken where a suspect does not consent to a buccal swab, or in rare cases where
the actual hair (rather than the person’s DNA) is required for forensic analysis. During the review period, less than
four per cent of DNA samples were taken by hair sample. 778 All police officers who are trained in forensic procedures
are accredited to take hair samples. Neither the training or SOPs specify where hair must be taken from, but both the
information available on the NSW Police intranet and training course use the example of hair taken from a person’s
head. 779
It is NSW Police policy to take between 15 and 20 hairs, by the “lever arch” method. This involves grasping the hair
near the skin between the thumb and fingers and turning the wrist whilst pulling the hairs, to ensure they come out
with the hair root attached. Once sufficient hairs have been obtained they are placed in an envelope and sent to DAL
for analysis.
Police normally take hair from a person’s head, but it can be taken from anywhere on the body. However, pubic hair
can only be taken by order of a court. 780
We watched a number of hair samples during our video audit. Generally, although not always, the person providing
the sample was cooperative, and did not flinch or complain about the procedure. Some officers had difficulty pulling
out the hair, and it usually took several attempts to get enough hair. It was especially difficult where the suspect had
short hair and the police officer was wearing rubber gloves. Sometimes the officer was able to take the hair from the
person’s head easily, but then struggled to get the hair off the rubber gloves and into the envelope.
Case Study 50
After receiving legal advice, a suspect declined to undergo a forensic procedure. A senior police officer
order was made for a hair sample to be taken. The suspect had a closely shaved head, and it took police 20
attempts to get enough hair for analysis. The suspect grimaced as if in pain, and said “ow” a number of times.
The police officer was successful on his twelfth attempt, and then told the suspect, “I need to get at least 12
hairs mate.” The suspect asked, “Are you serious Can’t you use scissors or something” The police officer
replied, “No, you need the root.” The officer was successful on the fifteenth and sixteenth attempts. After the
eighteenth attempt, the suspect asked, “How many in that, seven” The police officer replied, “No, about four.”
The police officer stopped taking hair after the twentieth attempt. He was polite throughout, but it was clear he
had considerable difficulty conducting the procedure. The suspect was cooperative and did not complain, but
seemed to be in considerable discomfort. 781
Case Study 51
A suspect was informed that a hair sample would be taken, by order of a senior police officer. The suspect
said, “OK.” He did not flinch when the sample was taken but did scratch his head afterwards. Police asked
whether he had any complaints. He replied, “No. I don’t think it should have been undertaken but the way it
was undertaken was fine.” 782
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 147