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

In 10 other cases, it was not clear from the police records why blood samples were taken. The samples were taken
in relation to a range of offences, including murder, assault, break and enter offences, supply of a prohibited drug,
and a hit and run. It appears these samples were taken to obtain the person’s DNA profile, but it is not clear from the
circumstances why the DNA profile was taken by blood sample when there are less intrusive means of obtaining the
same evidence.
Case Study 55
The owner of a country pub saw the power cut out and heard glass smashing. He found somebody had
smashed a side window and saw a person running off. Police found the electricity had been turned off.
They found blood on the kitchen window, which was retained for DNA analysis. Police formed the view the
blood may have been the owner’s, as he had a cut on his foot. The owner provided a blood sample, as a
volunteer, for elimination purposes. 790
The remaining four blood samples appear to have been taken in relation to driving offences, and may have been
taken under the Road Transport (Safety and Traffic Management) Act 1999. In at least one of these, blood was taken
for DNA analysis as well as to determine the amount of alcohol or drugs in the person’s body:
Case Study 56
An unknown offender broke into a veterinary clinic and stole drugs. Police found a window had been smashed
and located a small amount of blood on the blind. A short time later police arrested a driver who they believed
was under the influence of an intoxicating drug, for the purpose of obtaining blood and urine samples. Police
subsequently searched the vehicle, and found the drugs which had been taken from the vet. The driver was
taken to hospital, where he consented to providing a blood sample for the purpose of obtaining his DNA
profile, to be compared against the blood located on the vet’s blind. A medical practitioner took three vials
of blood from the driver. He was released pending the results of the analysis. 791
For the other three blood samples taken in relation to driving offences, it is not clear from the information available
whether the person’s DNA profile was obtained from their blood sample or not. We note that where blood samples
are taken for more than one purpose, police should still comply with the requirements of the Crimes (Forensic
Procedures) Act, if they are going to derive the person’s DNA profile from the blood sample.
While it happened only rarely, it is less than ideal that some police officers may have taken blood samples from
people when the same evidence could have been obtained by taking a buccal swab or, if the person did not consent
to the procedure, by hair sample. In this respect, we feel that police training and procedures should reflect the need
to take DNA samples, where practicable, by the least intrusive method. In this respect, when applying for a court
order, police should request magistrates to make an order allowing police to take either a buccal swab or a hair
sample or a blood sample. This allows police to provide the suspect with a choice of sampling method when
submitting to the order.
Recommendation 37
NSW Police consider clarifying their training and procedures to reflect that where possible, every effort should
be made to obtain DNA person samples using the least intrusive method available.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 149