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

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Figure 13 indicates there are a large number of serious offences, such as sexual assault and robbery cases, which had not been started at that time. 10.7.6. Is the backlog still growing Although NSW Police and DAL have implemented some strategies to streamline service delivery, the backlog continues to grow, as NSW Police continues to submit more casework than DAL has the capacity to process. In August 2004, DAL estimated that it was receiving 30 per cent more casework than it could process. 1006 DAL has been negotiating to either receive more funding, or less casework, so far without success: As the impact of DNA testing has grown so has the demand for it… New South Wales has the largest state police numbers, the highest crime rate and the highest population yet, pro rata, analysis on any of these indicators shows that it has the smallest investment in DNA analysis amongst all Australian jurisdictions. The courts and [NSW Police] now require us to examine more exhibits in serious cases, to examine a number of areas per exhibit, to increase the amount of high volume work so as to solve more property crimes, to perform more complicated trace DNA analyses on items that prior to the year 2000 were not examined, yet to provide all these analyses in a shorter time frame. 1007 We note that many forensic laboratories around Australia and overseas have developed backlogs as DNA analysis becomes used more widely in the investigation and prosecution of crime. In some jurisdictions, specific funding has been allocated to enable laboratories to reduce their backlogs. 1008 10.7.7. Turnaround times The original Deed of Agreement between NSW Police and DAL specified the following agreed turnaround times for cases requiring DNA analysis: • Person samples – within one calendar month of receipt at DAL. For urgent person samples, 80 per cent would be finalised within three days and 95 per cent within five days. • Cases (offences being investigated requiring comparison of person and crime scene samples): - for simple cases, typically volume crime, 80 per cent would be finalised within 30 days and 95 per cent within 120 days of receipt. For urgent cases 80 per cent would be completed within 10 days. - for complex cases, typically major crime, 60 per cent would be finalised within 30 days and 95 per cent within 120 days of receipt. For urgent cases 80 per cent would be completed within 20 days. The Agreement specifically stated that these turnaround times were estimates based on DAL’s understanding of the likely caseload and nature of cases to be examined. DAL indicated that it could provide more precise targets once the system was up and running. It quickly became clear that DAL could not meet the targets set out in the Deed of Agreement. We understand that DAL and NSW Police have not been able to reach agreement on new turnaround times. Compliance with turnaround times is a key indicator of DAL’s performance, and in our view new turnaround times, based on DAL’s actual caseload, need to be negotiated as a matter of priority. Recommendation 74 NSW Police and DAL agree on new turnaround times (for items as well as cases), based on DAL’s current caseload. NSW Police supports this recommendation. 1009 NSW Health supports the recommendation in principle, but commented: NSW Health will negotiate with Police on developing agreed turnaround time for high priority cases. Samples accorded a lower priority are completed when resources permit. 1010 208 NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000
10.7.8. Turnaround time reports DAL started providing monthly reports of turnaround times to NSW Police in January 2005. It does not have any turnaround time reports from before then. Each report details the number of cases (by offence type) which have been finalised in the previous month. Turnaround times are expressed in months, and are measured in four different ways: - date received to date completed (the time from the sample being received at DAL to a verbal result being provided to NSW Police) - date received to date filed (the time from the sample being received at DAL to the analysis report being provided to NSW Police) - date started to date completed (the time from DAL beginning its analysis of the sample to a verbal result being provided to NSW Police), and - date started to date filed (the time from DAL beginning its analysis of the sample to the analysis report being provided to NSW Police). The reports also indicate the average turnaround time in days for each type of offence. Figure 14 shows the average turnaround times for the cases DAL finalised in December 2004: Figure 14: Turnaround times by offence type. 700 Start to complete Start to file 600 Receipt to complete Receipt to file Average turn-around time in days 500 400 300 200 100 0 Break enter and steal Malicious damage Steal from vehicle Stolen motor vehicle Murder and manslaughter Attempted murder Robbery Sexual Assault Offence type Source: DAL response to Ombudsman investigation notice 24 February 2005. This shows that the more serious offences tend to take longer to finalise. We understand this is because there is a greater imperative to obtain a profile from non-ideal samples, more complex analysis will be undertaken, and more items will be tested. DAL has also advised that pivotal items in exceptionally urgent cases can be turned around in between two and five days. This requires the case to be given immediate attention and may require lab staff to work through the night. 1011 We understand that DAL decided at the end of 2004 to report item turnaround time as well as case turnaround time to police. 1012 We support this approach, given that item turnaround times can be useful in explaining the length of case NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 209
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DNA sampling and other forensic pro
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October 2006 The Honourable Bob Deb
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October 2006 Commissioner Ken Moron
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Contents Executive summary ........
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Chapter 17. Conclusion ............
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to children, incapable persons and
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The distinction between suspects an
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inadmissible, the suspect is acquit
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• establishing ‘best practice
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12 13 14 15 16 17 18 19 20 Recommen
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Recommendation Paragraph number 29
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46 47 48 49 50 51 52 53 54 55 Recom
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68 69 70 71 72 73 74 75 76 77 78 Re
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89 Recommendation Staff in all labo
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xx NSW Ombudsman DNA sampling and o
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Part 7 of the Crimes (Forensic Proc
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means that a significant number of
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The aim of the audit was to observe
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We followed up 180 of the 371 foren
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Chapter 2. Key provisions of the Ac
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(ii) the breasts of a female or a t
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scraping or lifting by tape from th
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• Some people have the right to h
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Chapter 3. DNA sampling in Australi
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• Security issues. There are conc
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3.3.2. Australian Capital Territory
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3.3.6. Queensland Forensic procedur
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analysis must be relevant to the of
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The FSS is still the largest forens
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The Garda Commissioner (the Irish e
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of operation, 50 per cent of states
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86 For example, NSW Legislative Ass
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150 Police Powers and Responsibilit
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226 DNA Identification Act 1998 (Ca
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Chapter 4. Implementation of the Ac
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Separate training courses are run f
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4.2.1. How easy is it for police of
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Given the widespread reluctance to
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Recommendation 03 NSW Police ensure
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NSW Police has long term plans to r
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The Audit Group has advised that it
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the carrying out of these forensic
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322 Crimes (Forensic Procedures) Ac
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We asked NSW Police why there is su
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Table 2 shows the rate at which for
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Figure 5 shows that, of the forensi
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For procedures conducted on child s
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These figures show that the number
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cent result in a warm link and 13 p
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355 40 out of 450 child suspects: C
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In our 2004 report on the DNA sampl
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6.1.3. Does it matter whether the p
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The distinction between suspects an
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He is not here yet. [The form then
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Recommendation 15 Police consider i
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393 Ombudsman audit of local area c
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Chapter 7. Authority to conduct a f
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Case Study 10 An unknown offender b
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In any event, not all people of int
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intellectual functioning, someone e
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Case Study 15 An elderly woman was
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Even where there is direct evidence
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interest in upholding the physical
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of consent; and secondly, it sugges
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7.3. Suspects: proceeding by order
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second because the orders we were a
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The Police Association of NSW reque
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Case Study 28 A homeless man died a
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grounds to believe the suspect comm
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concern that, in any Act where no s
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forensic procedures by consent, pol
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Case Study 37 Several young men sto
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7.4.11. Appealing against court ord
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Case Study 43 A 25 year old woman w
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involved in the investigation of th
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use a DNA profile from a volunteer
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Several targeted screens have been
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Recommendation 29 The Minister regu
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128 482 Intellectual Disability Rig
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569 Law Enforcement (Powers and Res
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657 Crimes (Forensic Procedures) Ac
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Chapter 8. Conducting a forensic pr
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The availability of persons is some
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Some metropolitan commands suggeste
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conducting forensic procedures (tak
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Section 57 of the Act provides that
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8.5.7. Recording a forensic procedu
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j. The testing officer asks the sus
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Case Study 52 Police took a hair sa
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Recommendation 38 When police offic
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Recommendation 40 NSW Police retain
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It is unclear whether this directiv
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Generally, police provided adequate
Page 188 and 189: Recommendation 45 NSW Police ensure
Page 190 and 191: 8.10.3. Photographs Section 59 of t
Page 192 and 193: Recommendation 48 The Crimes (Foren
Page 194 and 195: 746 Since the Act came into force,
Page 196 and 197: 823 NSW Police response to Ombudsma
Page 198 and 199: Sometimes it’s not clear whether
Page 200 and 201: This recommendation is supported by
Page 202 and 203: test container and the man’s t-sh
Page 204 and 205: considerations. Alternatively, the
Page 206 and 207: police appear to have treated victi
Page 208 and 209: We also note that children under th
Page 210 and 211: 888 Confidential LAC survey respons
Page 212 and 213: the initial agreement between NSW P
Page 214 and 215: 10.3. Receipt of DNA samples DNA sa
Page 216 and 217: Table 04: Person samples rejected b
Page 218 and 219: 10.3.6. Samples unconnected to a ca
Page 220 and 221: 10.4.1. Suspect-suspect matching Su
Page 222 and 223: Recommendation 64 DAL deletes all p
Page 224 and 225: Case Study 68 Four young people lef
Page 226 and 227: profiles put on the database, but c
Page 228 and 229: NSW Health supports recommendation
Page 230 and 231: 10.6.5.2. Volunteers For each of th
Page 232 and 233: 10.6.8. DNA analysis in relation to
Page 234 and 235: ‘Depends on seriousness of offenc
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Page 240 and 241: turnaround times (in particular, wh
Page 242 and 243: In New South Wales, police or the D
Page 244 and 245: The funding will be used to create
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Page 248 and 249: large batch of serious indictable o
Page 250 and 251: 965 Discussion at meeting with DAL,
Page 252 and 253: 1050 FSG presentation to DAL, attac
Page 254 and 255: DAL confirmed that its records were
Page 256 and 257: Recommendation 81 An audit process
Page 258 and 259: Case Study 75 An unknown offender b
Page 260 and 261: Endnotes 1070 Where police records
Page 262 and 263: Case Study 76 A man was arrested an
Page 264 and 265: it has been there, whether it has d
Page 266 and 267: Case Study 77 Police investigating
Page 268 and 269: Recommendation 89 Staff in all labo
Page 270 and 271: We realise this is a sensitive issu
Page 272 and 273: 1130 Legislative Assembly Hansard,
Page 274 and 275: Case Study 84 An unknown offender b
Page 276 and 277: In making this decision, the court
Page 278 and 279: evidence. Police would still, of co
Page 280 and 281: If two samples match, it is possibl
Page 282 and 283: Similar issues were considered in R
Page 284 and 285: Where the defence wishes to challen
Page 286 and 287: These results must be interpreted w
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1179 Letter from DPP, 24 March 2005
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Chapter 14. Destruction of forensic
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14.2.2. Identifying DNA profiles wh
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Recommendation 94 When DAL receives
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Recommendation 96 DAL delete all pr
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Recommendation 98 Section 87 of the
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14.3. Retaining genetic material fr
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1255 Based on DAL’s advice in its
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• a complaint about the incorrect
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The Ombudsman found that the police
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• The man was not cautioned prior
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15.3.5. Failure to maintain proper
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• the supervising sergeant did no
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Case Study 91 In 2004, a lorry driv
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16.2. Possible problems with DNA Be
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1319 Letter from Homicide Squad dat
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Appendix. Implementation of recomme
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at staff development days. In addit
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Term Definition / explanation Conta
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Term Definition / explanation Incap
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Term Definition / explanation Victi
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Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

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