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

appeared to be hair samples, taken in relation to a ram raid, drug offences and a spate of armed robberies.
The other was a photograph taken in relation to an assault. There was no indication of what force was used, or why.
Through our monitoring activities, we did not find any evidence of force being used inappropriately by police
conducting forensic procedures. We found very little other evidence of force being used at all and received only two
complaints regarding forensic procedures on suspects involving the use of force. These complaints are discussed in
chapter 15 as complaints 5 and 6.
While it is clear that force is used very rarely to conduct forensic procedures, it is of concern that many commands
(12, or 15 per cent) were unable to advise whether any procedures had been conducted by force. We later make
recommendations (66 to 71) to address problems with reporting of DNA sampling. In our view, NSW Police should
be required to report in addition to that information on the number of times forensic procedures are conducted
using force, in its Annual Report. There may also be some merit in the forensic procedures officer proposed in
recommendation 3(a), or if this recommendation is not implemented, FPIT reviewing all videos where force is used,
to identify any training needs in the command.
We also reiterate a number of recommendations made in our earlier report on the sampling of serious indictable
offenders where we discussed the use of force in detail. We continue to support the recommendations we made
in our Part 7 report as best practice for procedures involving the use of force. These recommendations are outlined
below.
Recommendation 42
NSW Police be required to report on the number of occasions forensic procedures are conducted using force,
in its Annual Report.
Recommendation 43
NSW Police ensure that SOPs require officers to:
a. Review and consider alternatives prior to force being used to carry out, or facilitate carrying out forensic
procedures
b. Document their consideration of alternatives to the use of force and the reasons why they believe that
these options are not practicable in the circumstances.
Recommendation 44
NSW Police ensure that regular and timely review of documents and recordings of the use of force are carried
out by either specialised forensic procedure officers as described in recommendation 3(a) or FPIT so as to
assess the:
a. Appropriateness of the use of force
b. Reasonableness of the use of force
c. Appropriateness of the methods applied by the officers concerned
d. Any training needs identified for the officers concerned
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 157