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

admits being there then what is the point. Even if the DNA relates to an issue that is at the end of the day (or
otherwise) contentious, unfortunately in my experience, both the prosecution (and more so the defence) wish
to have every potential piece of evidence disclosed before any significant decision is made regarding the future
conduct of the case. One suspects that many defendants are sitting in gaol bail refused awaiting DNA results
that are going to have absolutely no impact on the real issues in their cases. 998
In 2002, the Public Accounts Committee found that DAL was not providing an effective, efficient and timely laboratory
service to the criminal justice system, although the widespread use of DNA profiling in criminal proceedings meant
that it was “an issue of the highest priority.” 999 In 2002 and 2003, the Chief Magistrate of the Local Court issued
practice notes setting out procedures to ensure time standards are met for cases committed for trial. The practice
notes specify that where results of DNA analysis are required for a brief, “directions will be given such as to ensure
no undue delays occur, particularly where the defendant is in custody.” They recommend the brief of evidence be
served within six weeks of a suspect’s first appearance in court. 1000 However, in its 2004 Annual Review, the Local
Court again identified the provision of DNA analysis results as a factor contributing to delays in finalising committal
proceedings. 1001 DAL has advised it is unable to meet the recommended turnaround time of six weeks in all cases:
There are a large number of cases where this period is impossible to meet because of the delay that occurred
between the time of the offence and the date of receipt of the case at [DAL]. Other cases are simply too large
for analysis to be completed in the suggested time. 1002
10.7.4. The backlog
When DNA profiling started being used on a large scale, NSW Police trained its staff to conduct forensic procedures
on eligible people and to collect forensic evidence from crime scenes. Police and scene of crime officers could be
brought up to speed in a matter of months. By contrast, it takes years of training to become a forensic biologist.
When the Act commenced, the laboratory had difficulty recruiting enough qualified staff, and could not meet the
demand for DNA samples being submitted for analysis. Samples waiting to be processed quickly accumulated,
and a backlog formed.
Since then, the use of DNA profiling in the investigation and prosecution of crime has continued to increase. More and
more forensic evidence is being sent to DAL each year. Since 2000, the number of cases being submitted to DAL for
analysis has increased more than eightfold:
Figure 12: Number of cases received at DAL by financial year.
10,000
9,000
9,113
8,000
7,375
7,000
No. of cases
6,000
5,000
4,000
5,248
3,000
2,638
2,000
1,000
1,046
0
1999/2000
2000/2001
2001/2002
2002/2003
2003/2004
Financial year ending June
Source: DAL Draft business case, January 2005. Number of cases refers to the number of cases received by DAL in the
12 months ending June.
206
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000