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

It is unclear whether this directive and advice is part of the training provided to SOCOs or a formal policy or procedure
document. While we support appropriate safeguards being implemented by NSW Police, if such a direction does
exist, in our view it should be amended to ensure relevant evidence is not lost.
Recommendation 41
NSW Police consider reviewing all directives issued to forensic service group and crime scene officers so that
they not only reflect the provisions of the Crimes (Forensic Procedures) Act 2000 but also assist in ensuring
that relevant evidence is not lost.
NSW Police does not support recommendation 41, but advised that it is currently conducting discussions with NSW
Health to clarify roles and responsibilities, and will issue a further directive if necessary. 814
8.7.3.1. Gunshot residue tests
The Act does not specifically provide for gun shot residue tests, but these may be conducted under the swabbing
provisions. Police may wish to swab a person’s hands where they suspect the person has recently fired a gun.
They may also collect physical evidence, such as the suspect’s clothing, or take swabs from other surfaces, such
as car windows (although this would not be a forensic procedure). These methods are generally more successful
than taking swabs from the suspect’s body, as gunshot residue does not remain on the skin very long, and is easier
to remove from the skin than from other surfaces. Police Crime Scene Investigators are the only people currently
trained in the collection of gunshot residue samples, as these procedures usually relate to serious crimes.
Gunshot residue tests are managed by the Forensic Microanalysis Laboratory (FML), at the University of Technology,
Sydney. FML has developed SOPs for collecting gunshot residue samples, which include instructions for using the
sampling kits and information about how to minimise contamination. The SOPs specify that gunshot residue samples
need to be taken within six hours of the gun being fired, to be effective. FML advised that regardless of this advice,
police still send in samples collected outside this timeframe. 815 As discussed above, enabling police to conduct
forensic procedures during the investigation period may reduce these delays, and reduce the risk of evidence
being lost.
8.7.4. Other procedures
The Act also provides for taking a sample by tape or vacuum suction, for example where police attempt to find
evidence on a suspect which links them to a crime scene or to a victim. These can be taken by an appropriately
qualified police officer or other person or, in the case of intimate procedures, by a medical practitioner or nurse.
The Act also provides for taking physical measurements for biomechanical analysis. For example, police may wish to
compare a suspect’s physical measurements against CCTV footage of an offender. Physical measurements can be
taken by an appropriately qualified police officer or other person.
These types of procedures are conducted very rarely. We are not aware of any problems associated with these
procedures.
8.8. Questions and comments by suspects and volunteers
During our video audit, we noted whether the person undergoing the procedure asked any questions or made any
comments. We found that the person asked questions or made comments in 69 of the 146 procedures we watched.
Comments related to:
DNA sampling in general:
“Amazing stuff, it’s really good they’ve got these kind of things today, especially for rapists and murders.
I reckon anyway.”
DNA sampling being unfair or unwarranted in the circumstances:
“Taking a swab off me is too much.”
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000