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

Recommendation 45
NSW Police ensure that forensic procedures involving the use of force are carried out in appropriately sized
and equipped areas, which minimise the likelihood of injury to the testing officers and suspects.
Recommendation 48
NSW Police amend its SOPs to ensure that all communication and negotiation with the suspect by testing
officers and/or senior police officers is recorded on video prior to the use of force.
Recommendation 47
NSW Police ensure that SOPs relating to the identification of all persons present and the explanation of their
role are complied with.
NSW Police supports recommendation 42 but advised its implementation depends on changes to COPS. It supports
recommendation 43(a) but not 43 (b), on the basis that it is unnecessary. As with other decision making processes
relating senior police officer orders, we think the reasons for decisions should be documented.
NSW Police supports recommendations 44, 45 and 47. It does not support recommendation 46, arguing that the
recommendation is too broad, and its operational feasibility is doubtful. 823 We remain of the view that recording
discussions with suspects before resorting to force would be good practice.
8.10. Sharing samples and providing results
8.10.1. Sharing DNA samples with suspects
Section 58 of the Act requires that if enough forensic material is taken from a suspect, police must make part of
the material available to the suspect for independent analysis. Police can send the material to the suspect or their
legal practitioner, or if there is no known address, may make it available for collection at the police station where the
investigator was based at the time the procedure was carried out. Material must be made available within 90 days. 824
The FPIT site on the NSW Police intranet has instructions on how to share forensic material, for each of the following
DNA procedures:
Buccal swab:
After a suspect’s DNA material has been transferred onto the FTA card, the buccal swab should be placed back
in the sterile packet from which it was originally obtained and the packet sealed with one of the spare barcodes.
The packet should then be handed to the suspect. There is no need to obtain a receipt from the suspect unless
the forensic procedure is not being videotaped.
Hair sample:
After you have obtained a hair sample from a suspect, the suspect should be asked whether he/she wishes to
have a further 15 to 20 hairs removed to enable him/her to have the DNA independently analysed and profiled.
If the suspect answers ‘yes’, a further 15 to 20 hairs should be removed from the suspect’s head or arms using
the lever arch method. These hairs should be placed in an envelope and the envelope sealed with one of the
spare barcodes before being handed to the suspect. There is no need to obtain a receipt from the suspect
unless the forensic procedure is not being videotaped.
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000