Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...
Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...
Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...
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Recommendation 48<br />
The <strong>Crimes</strong> (<strong>Forensic</strong> <strong>Procedures</strong>) <strong>Act</strong> <strong>2000</strong> be amended so that Part 6 Division 6 reflects the following<br />
principles:<br />
a. it is unnecessary to share person DNA samples<br />
b. the provision of other material is also unnecessary, unless material remains available (after the initial<br />
analysis) that is sufficient for independent analysis and the suspect has requested this<br />
c. if there is more than sufficient material available (for the initial analysis) at the time the sample is<br />
collected, and a request is made by the suspect, the testing officer should supply a share of the sample<br />
at this time<br />
d. the results of DNA analysis, or the analysis of other samples taken under the <strong>Act</strong>, only be required to<br />
be provided to persons where the results are to be used in evidence in proceedings, or if a request is<br />
received<br />
e. photographs only be provided where they are to be used as evidence in proceedings or if a specific<br />
request is received.<br />
Recommendation 49<br />
The Attorney General consider amending the <strong>Crimes</strong> (<strong>Forensic</strong> <strong>Procedures</strong>) <strong>Act</strong> <strong>2000</strong> so that Part 6 Division 6<br />
does not apply to volunteers.<br />
However, in the interim and so that compliance with the present requirements is achieved, we recommend the<br />
following steps.<br />
Recommendation 50<br />
<strong>NSW</strong> Police develop and implement strategies to ensure officers are complying with the current procedures for<br />
sharing forensic material and photographs with suspects.<br />
Recommendation 51<br />
<strong>NSW</strong> Police consider expanding the use of digital photographs for forensic procedures to ensure copies of<br />
photographs can be provided expeditiously and receipts obtained.<br />
<strong>NSW</strong> Police supports recommendations 48 to 51. 831<br />
In response to recommendation 48(e), the Attorney General’s Department advised that it is preparing a bill that<br />
will clarify the circumstances in which the results of forensic analysis are made available to the suspect, and give<br />
greater certainty of meaning to the term “results of analysis.” 832 The Attorney General’s Department also notes that<br />
persons should be advised of their right to make a request. This is something that is perhaps most appropriately<br />
included in the plain English version of information required to be given to persons, presently being developed by<br />
the Department.<br />
162<br />
<strong>NSW</strong> <strong>Ombudsman</strong><br />
DNA sampling and other forensic procedures conducted on suspects and volunteers under the <strong>Crimes</strong> (<strong>Forensic</strong> <strong>Procedures</strong>) <strong>Act</strong> <strong>2000</strong>
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