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

8.10.5. Sharing samples and providing analysis results to volunteers
Because Part 6 of the Act applies to volunteers as if references to suspects were references to volunteers, the sharing
requirements set out in Division 6 of Part 6 apply to volunteers. 830 This means that police officers who take a sample
from a volunteer (whether a DNA sample or some other type of sample) must make part of the sample available to
the volunteer for independent analysis. It also means police must ensure a copy of any photograph of a volunteer is
made available to the volunteer. Further, if material from a forensic procedure sample is analysed in the investigation
of an offence, police must ensure that a copy of the analysis results is made available to the volunteer.
In our view, it is generally inappropriate for police officers to share samples and analysis results with volunteers.
As with suspects, there is no reason why police should provide a volunteer with a sample of his or her own DNA for
independent analysis. If some other type of sample is taken from a volunteer, like a nail scraping or swab, which may
have some other person’s DNA in it, it is not clear why the volunteer should receive part of the material taken or the
results of its analysis.
Further, where a DNA sample is taken from a volunteer for elimination purposes, the analysis results are likely to
include details about other people’s DNA profiles, for example those of the victim or offender. Consider case study 43,
at 7.5.1, where a number of people who worked in a shopping centre – including cleaners and security officers – were
asked to provide DNA samples to help identify the offender who attempted to indecently assault a woman in the
shopping centre toilets. Why should these volunteers be provided with the DNA analysis results
We found little evidence of police officers complying with the requirements to share samples with and provide analysis
results to volunteers.
8.10.6. Discussion
In our view, Part 6 Division 6 of the Act does not appear to be working effectively and does not reflect the practicalities
of policing. To overcome this, a different approach is required for the sharing of photographs, DNA samples and the
provision of analysis results.
The need to share a DNA person sample with the individual supplying the sample is unnecessary, and in the case of a
hair sample, inappropriate. In these cases, the person can arrange to have their own DNA independently analysed at
any time and do not need NSW Police to provide them with a share of the sample.
As to the provision of analysis results or photographs, these need only be supplied by NSW Police in cases where
the results are going to be used in evidence. If the information is not to be used as part of a brief evidence there is
no need for NSW Police to provide this information unless a specific request is made in writing. This is particularly
relevant where volunteers have provided elimination samples. Providing the volunteer with an analysis report that they
are unlikely to understand the intricacies of is not constructive.
Lastly, the sharing of other material obtained as a result of a forensic procedure is in most cases not possible due to
the nature of the analysis and small amounts of material involved. In these cases, if a person makes a specific request
in writing for a share of the material and there is sufficient available for independent analysis, this should be provided.
Otherwise, the provision of the analysis results in the brief of evidence is the most appropriate response and we make
the following recommendations supporting this approach.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 161