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

Case Study 52
Police took a hair sample from an Aboriginal suspect. The police officer apologised for causing any pain.
The suspect said, “No worries”, and did not appear uncomfortable. Police asked whether he had any
complaints. He replied, “No.” 783
Case Study 53
Police took a hair sample from a suspect who did not consent to a sample being taken, and did not cooperate
with police. When police explained that a hair sample would be taken, the suspect offered to take the hair
sample himself, on the basis that he wasn’t fond of having other people pull his hair out. Police explained that
the suspect could not take the hair sample himself, but could avoid having a hair sample taken by consenting
to a buccal swab. The suspect continued to be difficult and five more officers entered the room. The suspect
then submitted to the procedure and the hair was taken without incident. 784
8.6.3. Blood samples
Blood samples are intimate forensic procedures and are only permitted for suspects where a suspect consents under
Part 3 of the Act or a magistrate orders that it may be taken under Part 5 of the Act. 785 Blood samples can be taken
by a medical practitioner, nurse, appropriately qualified police officer or other appropriately qualified person. 786 Police
are not trained to take blood samples in their forensic procedures training – a police officer would generally only be
qualified to take a blood sample if the officer had some other relevant qualification. 787
In our view, the only reason a blood sample should be taken to obtain a person’s DNA is where the person does not
consent to a buccal swab, and the person does not have enough hair for police to take a hair sample or expresses a
preference for a blood sample to be taken. We are not aware of any instances where this happened.
Blood samples are taken very rarely. Police records indicate that during the review period, only 28 out of over 8,000
DNA samples taken from suspects and volunteers were blood samples. 788 Of these, 26 were conducted on suspects,
and two on volunteers.
We reviewed each of these on COPS to determine why a blood sample was taken. We found that 13 of the records
either did not refer to a forensic procedure being conducted, or did not specifically refer to a blood sample being
taken. It appears some of these may have been recorded as blood samples erroneously.
One blood sample was taken because analysis of the person’s blood was necessary for investigative purposes:
Case Study 54
A 30 year old woman was arrested for stealing. At the police station, the woman grabbed a police officer’s
hand and forced it against her body. The police officer immediately felt pain in her left hand. The woman was
searched and an uncapped used syringe was located in her left shirt pocket. Police obtained a court order
authorising a doctor to take a blood sample from the woman. The blood sample was used to obtain the
woman’s DNA profile, and was also screened for infectious diseases. The blood tested positive for hepatitis
C and syphilis, and the woman was charged with attempting to cause another person to contract a grievous
bodily disease. 789
148
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000