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

89
Recommendation
Staff in all laboratories which provide DNA analysis services to NSW Police be
required to provide a DNA sample, to be included on DAL’s staff elimination
database.
Paragraph
number
12.4.1
90
Consideration be given to establishing a DNA elimination database for all police
officers, forensic officers and scene of crime officers in NSW.
12.4.2
91
The DNA Advisory Committee consider consulting with the manufacturers of the
equipment used for taking DNA samples about the risk of contamination.
12.4.3
92
93
NSW Police amend COPS to include new fields for the date destruction of forensic
material is due, and a field to commence recording the date the sample is either
destroyed or converted to a convicted offender profile.
NSW Police consult with the Attorney General’s Department to develop
appropriate formats for electronic notification of court results and extension orders
under section 88(5) of the Act via CourtLink once it becomes operational.
14.2.2.1
14.2.2.1
94
95
96
When DAL receives a destruction request, it deletes the DNA profile from the
database, as well as destroying the forensic material and identifying information.
Volunteers be given the opportunity to nominate an agreed retention period, and
that this information be recorded on the volunteer consent form. Any destruction
date nominated should be recorded on COPS so that FPIT is automatically notified
of any samples which need to be destroyed.
DAL delete all profiles provided by volunteers for ‘within case matching’ from the
database, once the relevant court proceedings have been finalised.
14.2.3
14.2.7.1
14.2.7.1
97
98
99
100
101
102
DAL’s case management system be developed so that any cases where a
destruction date is approaching, and the relevant crime scene evidence has not
been examined, are flagged for prioritised examination.
Section 87 of the Crimes (Forensic Procedures) Act 2000 be amended to require
forensic material taken from a suspect be destroyed as soon as practicable if the
suspect is convicted and the conviction is subsequently set aside, unless there is
a reasonable prospect of a retrial or rehearing.
The Crimes (Forensic Procedures) Act 2000 be amended to provide further
guidance on what constitutes special reasons for making an extension order and
that a finite extension period be determined by Parliament and included in the Act.
The Attorney General implement a system to ensure that magistrates notify the
responsible person of any extension given under section 88, as required by the
Crimes (Forensic Procedures) Act 2000.
That section 81 of the Crimes (Forensic Procedures) Act 2000 be clarified to make
clear its application to volunteers including whether it only applies to volunteers
whose parent or guardian has withdrawn consent.
The responsible person consider whether sample material obtained from
volunteers should be retained once a profile has been loaded onto the database
and the relevant proceedings have been finalised.
14.2.9
14.2.10
14.2.11
14.2.11
14.2.12
14.3
xviii
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000