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

Chapter 15. Complaint and
misconduct issues
This chapter discusses the complaints and inquiries we received about forensic procedures during the review period.
15.1. Inquiries
During the review period, we received 78 telephone inquiries relating to forensic procedures conducted on suspects
and volunteers. Of these, 22 were general inquiries seeking information about the operation of the Act. Others raised
specific issues relating to the functioning of the Act, including:
• 5 inquiries raising objections to having to provide a DNA sample
• 12 inquiries about the way DNA samples were taken, including one about the force used to take the sample,
and one about police threatening to use force
• 10 inquiries about delays, including three about the length of time it took police to collect a DNA sample or
exhibit for analysis, and seven about the length of time taken to obtain DNA analysis results
• 4 inquiries about the failure to take DNA samples, including three made by victims and one by a suspect
• 3 inquiries about the use of DNA evidence in court, including one about a DNA expert giving evidence that the
DNA analysis was inconclusive, and two about being convicted on DNA evidence
• 2 inquiries in which an inmate suspected of a further offence disputed being at large when the offence was
committed
• 1 inquiry about police keeping photographs of a suspect taken without proper authority
• 3 inquiries about police failing to destroy DNA samples, and
• 16 inquiries about police failing to return exhibits taken for DNA analysis.
Telephone inquiries are generally resolved by providing information or advice to the person making the inquiry.
We note that a significant number of inquiries related to police failing to return exhibits taken for DNA analysis, in
particular shoes and other clothes. It is important that police inform suspects of whether items taken for DNA analysis
will ever be returned, and if so when this is likely to be. This is especially important given the length of time it may take
for exhibits to be examined by DAL, as discussed earlier in this report.
15.2. Complaints
NSW Police is the primary oversight agency for complaints about police conduct. The Ombudsman is notified of
serious complaints, determines whether they are investigated, and reviews the police investigation and any action
taken to address any specific issues that arise. Moreover, the Ombudsman can make recommendations, directly
undertake investigations into police conduct or help to resolve and conciliate complaints about police officers. The
Ombudsman receives complaints both from members of the public as well as complaints from police officers.
We identified 23 written complaints relating to forensic procedures conducted on suspects and volunteers made since
the Act commenced:
• 8 complaints about the way DNA samples were taken, including one about police using unreasonable force to
take the sample
• 3 complaints alleging that police had lost or destroyed exhibits or DNA samples
• 2 complaints by suspects about police failing to take a DNA sample
• 2 complaints about wrongful convictions (one because police misread a DNA analysis report; and one
because police erroneously merged the records of two people)
• 2 about police failing to return exhibits taken for DNA analysis
• 2 complaints alleging tampering with DNA evidence
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 273