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

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965 Discussion at meeting with DAL, 5 October 2005. 966 Discussion at meeting with representatives from NSW Police and DAL, 24 October 2005. 967 NSW Police response to Ombudsman draft report, 2 June 2006. 968 NSW Health response to Ombudsman draft report, 7 June 2006 969 NSW Health response to Ombudsman draft report, 7 June 2006. 970 NSW Health response to Ombudsman draft report, 7 June 2006. 971 Telephone advice from DAL, 15 July 2005. 972 Discussion at meeting with DAL, 5 October 2005. 973 NSW Health response to Ombudsman draft report, 7 June 2006. 974 NSW Police response to Ombudsman draft report, 2 June 2006. 975 Email from DAL, 11 October 2005. 976 Discussion at meeting with representatives from NSW Police and DAL, 24 October 2005. 977 DAL, Draft Business Case, January 2005. 978 DAL response to Ombudsman investigation notice, 24 February 2005. 979 DAL response to Ombudsman investigation notice, 24 February 2005. 980 DAL response to Ombudsman investigation notice, 24 February 2005. 981 Telephone advice from DAL, 3 March 2005. 982 Telephone advice from DAL, 3 March 2005. This is illustrated by the turnaround times provided for cases finalised in December 2004. Of the 208 break, enter and steal cases finalised in the month, 91 had been there less than a month; while 59 had been there longer than 6 months: DAL response to Ombudsman investigation notice, 24 February 2005. 983 “Magistrate slams cops”, Illawarra Mercury, 10 February 2004; and telephone advice from Director of Public Prosecutions (Wollongong) and DAL in February 2004. 984 Comments from confidential LAC survey responses. 985 Comments from confidential LAC survey responses. 986 Comments from confidential LAC survey responses. 987 Confidential LAC survey response. 988 Confidential LAC survey response. 989 Comments from confidential LAC survey responses. 990 DAL, Draft Business Case, January 2005. 991 NSW Ombudsman, The Norford Report (August 1999), available at www.ombo.nsw.gov.au. 992 Comments from confidential survey responses. 993 Police Association of NSW submission, March 2005. 994 Confidential Magistrate survey response, 13 January 2005. 995 Confidential Magistrate survey response, 20 January 2005. 996 Confidential Magistrate survey response, undated. 997 Confidential Magistrate survey response, 13 January 2005. 998 Confidential Magistrate survey response, 13 January 2005. 999 Public Accounts Committee Inquiry into Court waiting times Report June 2002, p. 23. 1000 Local Court Practice Notes 6/2001 (30 September 2002) and 9/2003 (13 August 2003). 1001 Local Court of New South Wales, Annual Review 2004, p. 11. 1002 DAL response to Ombudsman investigation notice, 24 February 2005. 1003 We note that in 2002, the Public Accounts Committee’s inquiry into court waiting times recommended, as a matter of urgency, that the NSW Police Forensic Services Group develop and distribute its proposed guidelines to assist investigating officers in screening and prioritising DNA exhibits: Public Accounts Committee, Inquiry into court waiting times (June 2002) p. 23 to 24. 1004 Minutes of meeting between NSW Police Forensic Services Group and DAL, 20 July 2004. 1005 Minutes of the DNA Advisory Committee, 6 August 2004. 1006 Minutes of the DNA Advisory Committee, 6 August 2004. 1007 DAL response to Ombudsman investigation notice, 24 February 2005. 220 NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000
1008 For example, in Queensland and Victoria. In the United States, a federal grant program was established, so individual states could apply for funding to increase their own capacity for DNA analysis, or to outsource forensic services to accredited private laboratories. 1009 NSW Police response to Ombudsman draft report, 2 June 2006. 1010 NSW Health response to Ombudsman draft report, 7 June 2006. 1011 DAL response to Ombudsman investigation notice, 24 February 2005. 1012 Minutes of meeting between NSW Police Forensic Services Group and DAL, 4 December 2004. 1013 NSW Police response to Ombudsman draft report, 2 June 2006. 1014 NSW Health response to Ombudsman draft report, 7 June 2006. 1015 NSW Police response to Ombudsman draft report, 2 June 2006. 1016 NSW Health response to Ombudsman draft report, 7 June 2006. 1017 NSW Health response to Ombudsman draft report, 7 June 2006. 1018 DAL response to Ombudsman investigation notice, 24 February 2005. 1019 NSW Police response to Ombudsman draft report, 2 June 2006; and NSW Health response to Ombudsman draft report, 7 June 2006. 1020 DAL, Draft Business Case, January 2005. 1021 FSG presentation to DAL, attached to agenda for DNA Advisory Committee meeting 6 August 2004. 1022 R v Button [2001] QCA 133 (Williams JA). 1023 Minutes of meeting between NSW Police Forensic Services Group and DAL, 10 May 2004. 1024 DAL response to Ombudsman investigation notice, 24 February 2005. 1025 DAL response to Ombudsman investigation notice, 24 February 2005. 1026 “Changes to forensic exhibit submission procedures,” Police Weekly, Volume 17 Number 9 (28 March 2005). 1027 DAL, Draft Business Case, January 2005. 1028 DAL comments on Ombudsman statement of provisional findings, 17 October 2005. 1029 DAL response to Ombudsman investigation notice, 24 February 2005; “Revised casework acceptance criteria”, 6 August 2004; and Draft Business Case, January 2005. 1030 DAL, Draft Business Case, January 2005. 1031 Minutes of the DNA Advisory Committee, 13 October 2004. 1032 Minutes of the DNA Advisory Committee, 13 October 2004. 1033 FSG presentation to DAL, attached to agenda for DNA Advisory Committee meeting 6 August 2004. 1034 Letter from NSW Police, 12 July 2005. 1035 FSG presentation to DAL, attached to agenda for DNA Advisory Committee meeting 6 August 2004. 1036 DAL, Draft Business Case, January 2005. 1037 Discussion at meeting with representatives of NSW Police and DAL, 24 October 2005. 1038 “NSW govt admits DNA backlog problem”, Ninemsn News (19 March 2005) located at www.news.ninemsn.com accessed on 21 March 2005. 1039 Letter from NSW Police, 12 July 2005. 1040 DAL, Draft Business Case, January 2005. 1041 Legislative Assembly Hansard, 18 October 2005, the Hon Carl Scully MP, Minister for Police and Minister for Utilities; and letter from the Hon Carl Scully MP, 2 June 2006. 1042 Legislative Assembly Hansard, 18 October 2005, the Hon Carl Scully MP, Minister for Police and Minister for Utilities; and letter from the Hon Carl Scully MP, 2 June 2006. 1043 Discussion at meeting with representatives from NSW Police and DAL, 24 October 2005. 1044 Letter from the Hon Carl Scully MP, Minister for Police and Minister for Utilities, 2 June 2006. 1045 Email from DAL, 26 October 2005. 1046 Email from DAL, 26 October 2005. 1047 DAL comments on Ombudsman statement of provisional findings, 17 October 2005. 1048 Discussion at meeting with representatives from NSW Police and DAL, 24 October 2005; and Attorney General’s Department response to Ombudsman draft report, 5 May 2006. 1049 Letter from the Hon Carl Scully MP, Minister for Police and Minister for Utilities, 2 June 2006. NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 221
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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
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Recommendation 45 NSW Police ensure
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8.10.3. Photographs Section 59 of t
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Recommendation 48 The Crimes (Foren
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746 Since the Act came into force,
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823 NSW Police response to Ombudsma
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Sometimes it’s not clear whether
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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
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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
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Page 236 and 237: admits being there then what is the
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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
Page 246 and 247: • representatives from human righ
Page 248 and 249: large batch of serious indictable o
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
Page 288 and 289: 1179 Letter from DPP, 24 March 2005
Page 290 and 291: Chapter 14. Destruction of forensic
Page 292 and 293: 14.2.2. Identifying DNA profiles wh
Page 294 and 295: Recommendation 94 When DAL receives
Page 296 and 297: Recommendation 96 DAL delete all pr
Page 298 and 299: 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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