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

it has been there, whether it has degraded and, if it is a mixed sample, how many people contributed to it, and in what
proportions. In all cases, crime scene samples are to be packaged so as to minimise degradation by exposure to
heat or chemicals, and to ensure they do not come into contact with one another, and especially so they do not come
into contact with any items taken from suspects. 1109 Police must also ensure that crime scene exhibit movement is
carefully controlled and documented. 1110
12.2.2.1. Training provided to NSW Police on minimising crime scene sample contamination
The best way to minimise contamination of crime scene samples is to ensure that police officers and others follow
clearly documented policies. NSW Police has developed training packages and SOPs that provide information on
ways to minimise contamination. Information on minimising contamination at crime scenes is divided into three
streams:
• general training provided to all NSW Police recruits focuses on securing crime scenes and minimising loss and
contamination of evidence;
• comprehensive training is provided to all investigators and detectives focusing on cross contamination and
crime scenes, while senior detectives are provided with further training on the management of crime scenes
and disaster victim identification protocols, and
• provision of detailed SOPs developed specifically for SOCOs and FSG officers on minimising loss or
contamination of evidence during collection process.
At the NSW Police College at Goulburn, all new recruits are taught how to identify a crime scene, how to secure the
scene, and what their duties are if they are the first officer at a crime scene. The recruits are taught how to avoid the
loss or destruction of evidence and what they should do with exhibits encountered at the scene. The course involves
both theory and practical scenarios. As an instructor advised:
Students are taught that evidence may be as minute as a few fibres or as delicate as a shoe print in dust.
Students are also shown methods by which they can preserve such vital evidence both in an indoor or outdoor
situation. The teaching of this subject is scenario based and allows the students to practice acquired skills in
a controlled environment. It is emphasised that they can make mistakes whilst at the college and there will be
no adverse consequences. Making mistakes whilst ‘in the field’ will be totally different and could jeopardise
any subsequent investigation because of acts or omissions by the first attending officer at a crime/incident
scene. 1111
The NSW Police Detective Training Unit runs three relevant courses. The first is a 12 month foundational course for
investigators, which covers topics including protection and management of crime scenes, contamination risks, how
to organise large searches, and types of evidence to be gathered when conducting a crime scene search. 1112 The
second course is a detectives’ course, which includes five days training on crime scenes, with a specific focus on
DNA and cross contamination. The third course offered is the senior detectives’ course aimed at detective sergeants
who are in middle management positions. It assumes that participants already have a general understanding of crime
scene management and the use of DNA. In all three courses, participants are provided with reading material relevant
to the subjects being discussed.
NSW Police has developed separate sets of SOPs for SOCOs and FSG officers. This is because SOCOs deal
predominantly with volume crime incidents such as break and enters while FSG officers deal with more serious crimes
such as murders. In both cases, the SOPs provide step by step directions, from the order that protective clothing is
to be put on before entering the crime scene to how these samples and exhibits must be collected, identified, treated
and stored. The FSG officer SOPs have detailed instructions on how to collect each different sample type, including
reference or control samples. 1113
12.2.2.2. Packaging and delivering crime scene exhibits
Both DAL and FSG have identified concerns about the way exhibits submitted for forensic analysis are packaged. In
2004, FSG conducted a review of the crime scene samples being submitted to DAL, and found instances of exhibits
being delivered in packages which were not sterile; sharp items such as knives being delivered in plastic bags; and
exhibits including firearms being delivered to the laboratory in paper bags. Some items were delivered to DAL without
any packaging at all. FSG found that 16 per cent of the exhibits reviewed should have been rejected. 1114
Following this review, NSW Police decided that all crime scene samples which are submitted for forensic analysis
must be authorised by the NSW Police Forensic Services Group before being sent to DAL. FSG is also training
officers on how to package exhibits appropriately and on the importance of wearing protective clothing. 1115 FSG
intends that in future all crime scene samples will be packaged, sealed and barcoded at the crime scene before
being submitted for analysis. 1116
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000