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

Chapter 10. DNA analysis
We set out the arrangements for the DNA analysis service at 4.3.1. This chapter details our audit and investigation
findings on how the laboratory handles DNA samples, and how the DNA database is used. We examined a number
of areas, including the receipt of DNA samples, analysis results, permitted matching, delays in DNA analysis and the
accuracy of information on the database. Our findings are discussed below.
10.1. Our investigation of DAL
Through our monitoring of the Act, we became aware of concerns held by some stakeholders about the DNA analysis
service provided by DAL. Many of the police officers we interviewed raised concerns about the length of time taken to
obtain DNA analysis reports from DAL. The Chief Magistrate of NSW also raised concerns about delays, commenting
that delays in obtaining DNA analysis “undoubtedly are significantly contributing to the disappointing level of
compliance with time standards.” 902 There have also been various reports in the media about the impact of DNA
processing times on court delays. 903
Having regard to these concerns, we decided it would be appropriate to initiate an own motion investigation into DAL.
We issued a notice of investigation in January 2005, requiring DAL to produce certain information and documents,
and giving DAL the opportunity to outline any problems it has with the way the Act is being implemented, and any
steps it has taken to address these. DAL provided responses in February and March 2005.
We provided DAL with our statement of provisional findings and recommendations in August 2005 and discussed
it with representatives of DAL at a meeting in October 2005. We subsequently met representatives from DAL,
NSW Police and the Ministry of Police, to discuss the issues affecting both DAL and NSW Police. We incorporated
information supplied during this meeting and provided our report to the Minister for Health in December 2005.
10.1.1. Follow up audit of forensic procedures
Through our investigation of DAL, we followed up 180 of the 371 forensic procedures we examined during our audit of
police local area commands, to assess consistency between data held by police and data held by the laboratory, to
review the amount of time taken to transport samples from police stations to the laboratory, and to review turnaround
times between police submitting DNA samples to the laboratory and the laboratory providing an analysis report to
police. For each procedure we checked:
• that DAL received the sample
• whether the profile was on the DNA database and, if so, that it was on the correct index
• whether the profile should have been destroyed, and
• that the identifying information on the database was consistent the identifying information held by NSW Police.
Our audit findings are discussed in more detail below.
10.1.2. Our findings
We found that DAL has delivered some good results in providing a DNA analysis service to NSW Police. During
the review period, DAL loaded over 25,000 DNA profiles from people onto the DNA database, including 8,699 from
suspects and 831 from volunteers. 904 DAL has also loaded over 14,000 DNA profiles derived from crime scene
samples onto the database. 905
During the review period, DAL made cold links in over 4,207 cases. The majority of these were for high volume
offences, but a significant number were for serious offences, including murder and sexual assault. DAL estimates
that about 3,170 warm links were made during the review period, and about 480 suspects were eliminated from
investigations through DNA analysis. 906
While these outcomes demonstrate that DAL is achieving good results, it is clear that DAL experiences significant
difficulties in providing its DNA analysis services to NSW Police. DAL receives more crime scene samples for analysis
than it has the capacity to process, which results in a growing backlog of unexamined crime scene samples. While
DAL is generally able to meet urgent requests on an ad hoc basis, it is unable to meet the turnaround times set out in
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 181