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

We also indicated that the police investigation should consider what authority NSW Police used to obtain the
blood sample taken during the autopsy, when it appeared the blood had not originally been taken for the
purpose of DNA analysis. The investigator noted that the Act only deals with forensic procedures conducted
on people, by consent or by order, and that there is no provision for taking samples from deceased persons.
He concluded that the sample had been taken for a lawful purpose (that is, for tests carried out by the forensic
pathologist conducting the autopsy), and that police had seized the sample under their common law power
to seize exhibits relevant to the investigation of the offence. The investigator also pointed out that under the
Coroners Act 1980, a coroner may give a police officer directions concerning investigations to be carried out
for the purposes of an inquest. The investigator concluded that as the sample had been lawfully taken, police
were entitled to examine it for the purpose of DNA analysis.
The investigator made no adverse findings against the police officers who were involved. We were satisfied
with the explanations provided.
9.4. Victims of crime and other “excluded volunteers”
The Act does not apply to forensic procedures carried out on people who are deemed to be “excluded volunteers”.
This includes: 884
• victims of offences against the person
• victims of robbery offences, and
• people who volunteer their fingerprints or handprints for elimination purposes in relation to a property offence.
For example, if police wish to photograph a victim’s injuries, to use as evidence in criminal proceedings, this
procedure is not governed by the Crimes (Forensic Procedures) Act.
NSW Police has developed its own policies for carrying out forensic procedures on victims of crime and other
“excluded volunteers.” In many ways these procedures reflect the legislative position on volunteers.
Because “excluded volunteers” are not covered by the Act, the way police conduct forensic procedures in these
circumstances is beyond the scope of this review. However, we did identify some concerns through our monitoring
activities, and have included these for the consideration of NSW Police.
Many police officers we interviewed criticised the application of forensic procedures policies to victims of crime. Some
argued it was inappropriate to ask a victim of crime to sign a consent form when police proposed to photograph
injuries. Some were surprised to learn that victims of crime are not covered by the Act, and that the policy for
conducting forensic procedures on victims a matter for NSW Police to determine.
Although we did not specifically ask about forensic procedures conducted on victims, many officers we surveyed
argued that the current policy should be changed:
The photographing of victims is a difficult process... The Act was not really meant for this, it was for securing
suspect, volunteer and inmate samples. 885
The fact that photographing injuries of a victim is now interpreted as falling under the ambit of this Act causes an
unnecessary impediment on police especially when these are all taken with consent. 886
The current requirement of a victim being photographed to be treated as a forensic procedure needs to be
removed. 887
The process for dealing with victims needs to be streamlined or the legislation clarified. 888
Remove the strict SOP and conditions when it comes to obtaining forensic samples from victims of crime...
especially photographs of victims injuries. 889
Forensic procedures on victims is too complex, time consuming for offences involving high volume crime.
Police are still confused on this issue. 890
We reviewed a small proportion of the forensic procedures conducted on volunteers, to see in what types of
circumstances police are asking people to voluntarily undergo forensic procedures. We found many instances where
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 175