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

List of Recommendations
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Recommendation
Audits of local area commands include a review of records and systems relating to
other types of forensic procedures, as well as DNA samples.
For each of the procedures selected for auditing, the auditor reviews the authority
for the procedure (consent form, senior police order or court order) and watches
the video of the procedure.
NSW Police ensure officers conducting forensic procedures have appropriate
training and experience. In particular, NSW Police consider implementing the
following reforms.
a. NSW Police develop a forensic procedures portfolio in each local area or
specialist command, with a designated and fully trained forensic procedures
officer responsible for the portfolio.
b. Individual commands consider developing a small team of officers
with forensic procedures expertise who will primarily be responsible for
conducting forensic procedures in those commands.
c. Accreditation for a police officer to conduct any forensic procedure be
conditional upon annual training.
NSW Police finalise, as a matter of priority, a single forensic procedures register for
use in commands.
NSW Police review present electronic (COPS and custody management) recording
of procedures to ensure a standard process which enables meeting legal
requirements including detention requirements.
NSW Police consider the development of a hard copy forensic procedures
manual.
Paragraph
number
4.1.5
4.1.5
4.2.6
4.2.8.4
4.2.8.4
4.2.8.4
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10
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NSW Police take into account problems with recording forensic procedures
demonstrated in this review in its mainframe replacement program.
NSW Police clarify in SOPs for how long and in what circumstances electronic
recordings of forensic procedures (video tapes) should be kept, and provide this
advice to commands.
The Attorney General clarify who is the “responsible person” for the purposes of
the Crimes (Forensic Procedures) Act 2000.
The Attorney General develop a plain English version of the information that is
required to be provided under the Crimes (Forensic Procedures) Act 2000, as a
matter of urgency, and consider whether this should be prescribed by regulation or
included in a schedule to the Crimes (Forensic Procedures) Act 2000.
The Crimes (Forensic Procedures) Act 2000 be amended so that police are
required to inform volunteers that the forensic procedure may produce evidence
against the volunteer that might be used in a court of law.
4.2.8.4
4.2.8.4
4.4
6.1.3
6.1.4
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000
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