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

We support the proposal to package and barcode all exhibits at the crime scene. Poor packaging may lead to the
evidence deteriorating, and also leaves NSW Police open to allegations of tampering with evidence, which may have
an adverse impact on the credibility of forensic analysis. 1117 It is of serious concern that so many inappropriately
packaged exhibits are being sent to DAL for forensic analysis. It is in the interests of both NSW Police and defendants
in criminal proceedings that exhibits are handled in a secure way at all times. While FSG screening of exhibits may
result in fewer exhibits being rejected by DAL, this alone will not reduce the risk of contamination or allegations
of tampering.
Further, it appears that exhibits which are packaged and sealed at the crime scene may be opened by FSG before
being repackaged and submitted to DAL for analysis. If FSG receives an exhibit from a scene of crime officer which is
not packaged correctly, will FSG reject the exhibit, or simply repackage it and send it to DAL for analysis NSW Police
has indicated that FSG intends to perform some of the preliminary analysis, for example by cutting out bits of material
and sending them to the laboratory, rather than submitting the whole sheet or garment to DAL. DAL has expressed
concern that “it is at the cut-out stage where the majority of tampering allegations can be made.” 1118
In our view, it would be preferable if crime scene samples were packaged and barcoded at the crime scene, and
were submitted to DAL for analysis without any interference with the exhibit by FSG. If FSG are to open exhibits,
conduct initial assessments of what is to be analysed and then repackage samples for delivery to DAL it would be
beneficial to have either the DNA advisory committee or the Attorney General’s working group assist in developing
protocols and guidelines for managing this process. The advisory committee could also be called upon to work with
FSG in developing priority levels for filtering out unnecessary casework.
Recommendation 87
NSW Police work with the DNA Advisory Committee or Attorney General’s working group to establish protocols
and guidelines for the management of crime scene evidence by FSG in line with any quality control and
assurance procedures already implemented by DAL.
NSW Police commented it does not agree with this recommendation “pending the completion of current internal
reviews and developments in this area.” 1119
Recommendation 88
If NSW Police introduces barcoding of exhibits at the crime scene, DAL work with NSW Police to consider
whether this tracking system can be carried through from collection to the proposed initial FSG examination
and finally to the DAL analysis of the evidence.
NSW Police supports this recommendation. 1120 NSW Health also advised that it strongly supports the use of a single
barcode from crime scene collection to DAL analysis. 1121
12.3. Contamination within the laboratory
As with crime scene examination, contamination in the laboratory is minimised by ensuring that documented practices
are followed at every stage through the receipt, storage and analysis of person and crime scene samples. Poor
laboratory procedures – or failure to comply with good procedures – can result in cross contamination between crime
scene samples, or contamination by laboratory staff themselves. 1122
12.3.1. Laboratory contamination in other jurisdictions
There have been a number of contamination incidents in laboratories in other jurisdictions, both in Australia and
overseas. Some involved accidental cross contamination of crime scene exhibits, while others involved mislabelling
of samples and errors in interpreting analysis results. These incidents show that the risk of contamination is very real,
and demonstrate the need for constant vigilance by laboratories conducting DNA analysis.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 235