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

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Recommendation
NSW Police amend its SOPs to ensure that all communication and negotiation with
the suspect by testing officers and/or senior police officers is recorded on video
prior to the use of force.
NSW Police ensure that SOPs relating to the identification of all persons present
and the explanation of their role are complied with.
The Crimes (Forensic Procedures) Act 2000 be amended so that Part 6 Division 6
reflects the following principles:
a. it is unnecessary to share person DNA samples
b. the provision of other material is also unnecessary, unless material remains
available (after the initial analysis) that is sufficient for independent analysis
and the suspect has requested this
c. if there is more than sufficient material available (for the initial analysis) at
the time the sample is collected, and a request is made by the suspect, the
testing officer should supply a share of the sample at this time
d. the results of DNA analysis, or the analysis of other samples taken under the
Act, only be required to be provided to persons where the results are to be
used in evidence in proceedings, or if a request is received
e. photographs only be provided where they are to be used as evidence in
proceedings or if a specific request is received.
The Attorney General consider amending the Crimes (Forensic Procedures) Act
2000 so that Part 6 Division 6 does not apply to volunteers.
NSW Police develop and implement strategies to ensure officers are complying
with the current procedures for sharing forensic material and photographs with
suspects.
NSW Police consider expanding the use of digital photographs for forensic
procedures to ensure copies of photographs can be provided expeditiously and
receipts obtained.
NSW Police provide clear advice to officers about when photographs can be taken
under sections 133 and 136 of the Law Enforcement (Powers and Responsibilities)
Act 2002, and when photographs can be taken under the Crimes (Forensic
Procedures) Act 2000.
NSW Police keep records of the number of covert DNA samples submitted for
analysis, the reason why the sample was taken covertly, and the results of the
analysis, and includes these in its Annual Report.
Parliament consider regulating the collection of covert samples to include under
what circumstances covert samples can be collected, whether a court order
should be required, and how profiles obtained from covert samples should be
managed on the New South Wales DNA database.
The Attorney General’s Department and NSW Police consider whether the current
protocol for conducting forensic procedures on victims is appropriate, particularly
in relation to consent and information requirements, and make changes to the
Victim’s Protocol and NSW Police SOPs as necessary.
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8.9
8.10.6
8.10.6
8.10.6
8.10.6
9.1.2
9.2.4
9.2.4
9.4
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000