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

14.3. Retaining genetic material from people whose profile is on
the database
A separate issue is whether DAL should retain DNA samples from people whose profiles are kept on the database.
When a profile is derived, the forensic material is retained, unless FPIT instructs DAL to destroy it. For most people
who provide a DNA sample, this means the person’s actual DNA will be retained by DAL indefinitely.
A DNA sample contains far more information than a DNA profile. It contains genetic information, and in future may
be further analysed to ascertain information about a person’s appearance, ethnicity and predisposition to inherited
illness. By contrast, a DNA profile is of limited use, and can really only be used to identify a person’s gender or
relatedness to other people whose DNA profiles have been obtained. For these reasons, our view is that DNA
samples should not be retained indefinitely, particularly if the person provided the sample against his or her will,
unless there is good reason for doing so.
We asked DAL why person samples are retained, once the person’s DNA profile has been put on the database. DAL
advised this is for two reasons. First, every time a cold link is made, DAL goes back to the original person sample
to check that the correct profile has been derived. DAL commented that “although a discrepancy has never been
obtained if this did occur there would be a lack of faith in the system if the wrong person was arrested because the
sample has been confused with another.” 1285
Second, DAL currently uses the Profiler Plus system of DNA profiling, and examines 9 loci on the DNA. The more loci
examined, the greater the likelihood that samples with the same profile came from the same person. If in the future
DAL moved a more discriminating system, more detailed DNA profiles could be derived for all the people currently
on the DNA database, without having to take new samples from them. 1286 Further, the legislation currently limits the
purposes for which DNA samples can be used.
NSW Police advanced the same arguments – that future advances in DNA technology, and cheaper analysis, may
allow the DNA samples stored at DAL to be re-analysed, so more discriminatory profiles can be derived. 1287
We agree that in these circumstances, retaining the actual DNA samples from suspects (other than those that are
regulated to be destroyed) and serious indictable offenders is warranted. However, we are not aware of any good
reason for retaining DNA samples taken from volunteers, once the person’s profile has been put on the database and
the case for which it was provided has been finalised. Our view remains that these samples should be destroyed.
Recommendation 102
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.
NSW Police supports this recommendation. 1288
14.4. Destroying forensic material other than DNA samples
The provisions requiring material obtained through a forensic procedure to be destroyed also apply to prints,
photographs, casts or impressions and other samples taken from a person’s body. 1289 However, we found there are
no clear procedures in place to monitor the destruction of forensic material other than DNA samples.
We reiterate that full and accurate records of all forensic procedures need to be maintained on COPS, and that NSW
Police needs to monitor the outcome of every matter where material is obtained through a forensic procedure, to
ensure it is destroyed where required.
14.4.1. Destruction of forensic procedure prints
Section 87A of the Act provides that where finger or hand prints have been voluntarily provided for elimination
purposes, they must be destroyed or returned to the volunteer as soon as practicable after they have been used to
exclude the person from the investigation. 1290 The Fingerprint Technology and Support Section of NSW Police advised
that it does not destroy prints, it returns them to the investigating officer by registered mail. 1291 It appears therefore that
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000