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

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Term Definition / explanation Contamination COPS CourtLink Court order Crime scene sample CrimTrac DAL DNA DNA analysis DNA database DNA profile DNA sample The transfer of DNA from one source to another. Contamination may be deliberate or accidental, and may occur before, during or after the commission of a criminal offence. The Computerised Operational Policing System. COPS provides a structure for police to record details including dates, locations, offences, forensic procedures and custody management records. COPS also contains a ‘narrative’ field which allows police officers to describe events in their own words. A proposed IT system for use by all New South Wales courts, which would notify NSW Police of court outcomes electronically. An order made by a magistrate or authorised justice authorising a forensic procedure to be conducted on a suspect or (in the case of children and incapable persons) a volunteer. A sample of blood, saliva, semen, hair or other biological material obtained from a crime scene or from the body or clothes of a victim. By contrast, a person sample is taken directly from the body of the person supplying the sample. A federal agency which supports Australian police services through the provision of national information systems and investigative tools, including the national DNA database. The national database is not fully operational as only some states and territories have provided DNA profiles. The Division of Analytical Laboratories in Lidcombe, Sydney. DAL is responsible for analysing DNA for NSW Police, and for maintaining the New South Wales DNA Database. DAL is part of NSW Health. Deoxyribonucleic Acid, which consists of an acid molecule to which sugar groups missing an oxygen molecule are attached. DNA contains a genetic code, which directs the production of proteins which determine everything from hair colour to susceptibility to disease. DNA analysis involves several stages: extraction of DNA from biological material, quantitation of available DNA, amplification of specific sites of DNA, and electrophoresis involving the separation and detection of areas of variability of the DNA sites. This is followed by the analysis, verification and interpretation of results. A database used to store DNA profiles obtained from people and from crime scenes. When a profile is added to the database, it may ‘match’ a profile already on the database, which may be of investigative assistance to police investigating unsolved crimes. The New South Wales DNA database is maintained by DAL. There is also a national DNA database, administered by the CrimTrac agency, which is not fully operational. The sequence of numbers and letters obtained by analysing DNA at a number of loci. The possibility of two people (other than identical twins) having the same DNA profile is extremely unlikely. The actual biological material taken from a person, used to obtain the person’s DNA profile. Under the Act, DNA samples can be taken by buccal swab, hair sample or blood sample. A DNA sample contains the whole of a person’s DNA, and contains a great deal of genetic information, including predictive health information. By contrast, a DNA profile is a series of numbers and letters derived from only a small portion of a person’s DNA and contains very little genetic information. 294 NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000
Term Definition / explanation DPP ERISP Excluded volunteer Familial searching Forensic material Forensic procedure FPIT FSG FSS FTA paper GSR Hair sample Director of Public Prosecutions. An Electronically Recorded Interview of a Suspected Person. An ERISP is an audiovisual recording of a police interview with a suspect. ERISPs are recorded by fixed cameras that automatically pan the room and zoom in for close-ups of the person being interviewed. A volunteer to whom the Act does not apply. Victims of crime and volunteers who provide elimination fingerprints are excluded volunteers. An investigative technique which aims to identify a suspect based on similarities between a DNA profile obtained from a crime scene, and the profile of a relative of the suspect. Any samples, hand prints, finger prints, foot prints, toe prints, photographs, casts or impressions, taken from or of a person’s body. A way to obtain evidence that relates to the investigation and prosecution of a crime. The Act authorises three different categories of forensic procedures – buccal swabs (for DNA sampling), intimate forensic procedures and nonintimate forensic procedures. A forensic procedure does not include the taking of any sample for the sole purpose of establishing the identify of a person. The NSW Police Forensic Procedures Implementation Team. FPIT is part of the Forensic Services Group, and supports police officers in their use of forensic procedure powers. The NSW Police Forensic Services Group is involved in the scientific investigation of criminal matters. It consists of the Forensic Procedures Implementation Team, Crime Scene Operations Branch, Criminal Identification Specialist Branch, Criminal Records Section, Counter Terrorist and Disaster Victim Identification, Professional Services Branch, Clinical Forensic Medicine Unit, and CrimTrac Coordination Unit. The Forensic Science Service is an executive agency of the United Kingdom’s Home Office. The FSS consists of seven laboratories and provides forensic science services to police forces in England and Wales, as well as being a source of training, consultancy, and scientific support for many overseas and private sector customers. The FSS maintains the UK’s National DNA Database. Specially treated paper used by police officers for DNA samples taken by buccal swab. FTA stands for ‘Flinders Technology Associates.’ FTA Technology is a chemical treatment that was designed by scientists at Flinders University in South Australia. The paper stabilises the DNA and protects it from oxidation, UV damage and microbial and fungal attack. This means the sample can be stored at room temperature, instead of being refrigerated. Gun shot residue. A gun shot residue test involves the swabbing or lifting by tape of any residue left on a suspect who may have recently fired a gun. GSR tests have to be conducted within a few hours of a gun being fired to be effective. A forensic procedure, usually conducted because a suspect does not consent to providing a DNA sample by buccal swab. Police remove 15-20 hairs from the head or other part of the body (excluding pubic hair). To obtain a DNA profile, the hair must be pulled out with the root attached. NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 295
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DNA sampling and other forensic pro
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October 2006 The Honourable Bob Deb
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October 2006 Commissioner Ken Moron
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Contents Executive summary ........
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Chapter 17. Conclusion ............
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to children, incapable persons and
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The distinction between suspects an
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inadmissible, the suspect is acquit
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• establishing ‘best practice
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12 13 14 15 16 17 18 19 20 Recommen
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Recommendation Paragraph number 29
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46 47 48 49 50 51 52 53 54 55 Recom
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68 69 70 71 72 73 74 75 76 77 78 Re
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89 Recommendation Staff in all labo
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xx NSW Ombudsman DNA sampling and o
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Part 7 of the Crimes (Forensic Proc
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means that a significant number of
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The aim of the audit was to observe
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We followed up 180 of the 371 foren
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Chapter 2. Key provisions of the Ac
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(ii) the breasts of a female or a t
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scraping or lifting by tape from th
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• Some people have the right to h
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Chapter 3. DNA sampling in Australi
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• Security issues. There are conc
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3.3.2. Australian Capital Territory
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3.3.6. Queensland Forensic procedur
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analysis must be relevant to the of
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The FSS is still the largest forens
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The Garda Commissioner (the Irish e
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of operation, 50 per cent of states
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86 For example, NSW Legislative Ass
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150 Police Powers and Responsibilit
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226 DNA Identification Act 1998 (Ca
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Chapter 4. Implementation of the Ac
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Separate training courses are run f
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4.2.1. How easy is it for police of
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Given the widespread reluctance to
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Recommendation 03 NSW Police ensure
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NSW Police has long term plans to r
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The Audit Group has advised that it
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the carrying out of these forensic
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322 Crimes (Forensic Procedures) Ac
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We asked NSW Police why there is su
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Table 2 shows the rate at which for
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Figure 5 shows that, of the forensi
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For procedures conducted on child s
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These figures show that the number
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cent result in a warm link and 13 p
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355 40 out of 450 child suspects: C
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In our 2004 report on the DNA sampl
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6.1.3. Does it matter whether the p
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The distinction between suspects an
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He is not here yet. [The form then
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Recommendation 15 Police consider i
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393 Ombudsman audit of local area c
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Chapter 7. Authority to conduct a f
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Case Study 10 An unknown offender b
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In any event, not all people of int
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intellectual functioning, someone e
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Case Study 15 An elderly woman was
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Even where there is direct evidence
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interest in upholding the physical
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of consent; and secondly, it sugges
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7.3. Suspects: proceeding by order
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second because the orders we were a
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The Police Association of NSW reque
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Case Study 28 A homeless man died a
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grounds to believe the suspect comm
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concern that, in any Act where no s
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forensic procedures by consent, pol
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Case Study 37 Several young men sto
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7.4.11. Appealing against court ord
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Case Study 43 A 25 year old woman w
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involved in the investigation of th
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use a DNA profile from a volunteer
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Several targeted screens have been
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Recommendation 29 The Minister regu
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128 482 Intellectual Disability Rig
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569 Law Enforcement (Powers and Res
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657 Crimes (Forensic Procedures) Ac
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Chapter 8. Conducting a forensic pr
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The availability of persons is some
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Some metropolitan commands suggeste
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conducting forensic procedures (tak
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Section 57 of the Act provides that
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8.5.7. Recording a forensic procedu
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j. The testing officer asks the sus
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Case Study 52 Police took a hair sa
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Recommendation 38 When police offic
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Recommendation 40 NSW Police retain
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It is unclear whether this directiv
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Generally, police provided adequate
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Recommendation 45 NSW Police ensure
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8.10.3. Photographs Section 59 of t
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Recommendation 48 The Crimes (Foren
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746 Since the Act came into force,
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823 NSW Police response to Ombudsma
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Sometimes it’s not clear whether
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This recommendation is supported by
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test container and the man’s t-sh
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considerations. Alternatively, the
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police appear to have treated victi
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We also note that children under th
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888 Confidential LAC survey respons
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the initial agreement between NSW P
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10.3. Receipt of DNA samples DNA sa
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Table 04: Person samples rejected b
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10.3.6. Samples unconnected to a ca
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10.4.1. Suspect-suspect matching Su
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Recommendation 64 DAL deletes all p
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Case Study 68 Four young people lef
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profiles put on the database, but c
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NSW Health supports recommendation
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10.6.5.2. Volunteers For each of th
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10.6.8. DNA analysis in relation to
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‘Depends on seriousness of offenc
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admits being there then what is the
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Figure 13 indicates there are a lar
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turnaround times (in particular, wh
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In New South Wales, police or the D
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The funding will be used to create
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• representatives from human righ
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large batch of serious indictable o
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965 Discussion at meeting with DAL,
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1050 FSG presentation to DAL, attac
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DAL confirmed that its records were
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Recommendation 81 An audit process
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Case Study 75 An unknown offender b
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Endnotes 1070 Where police records
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Case Study 76 A man was arrested an
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it has been there, whether it has d
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Case Study 77 Police investigating
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Recommendation 89 Staff in all labo
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We realise this is a sensitive issu
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1130 Legislative Assembly Hansard,
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Page 276 and 277: In making this decision, the court
Page 278 and 279: evidence. Police would still, of co
Page 280 and 281: If two samples match, it is possibl
Page 282 and 283: Similar issues were considered in R
Page 284 and 285: Where the defence wishes to challen
Page 286 and 287: These results must be interpreted w
Page 288 and 289: 1179 Letter from DPP, 24 March 2005
Page 290 and 291: Chapter 14. Destruction of forensic
Page 292 and 293: 14.2.2. Identifying DNA profiles wh
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Page 298 and 299: Recommendation 98 Section 87 of the
Page 300 and 301: 14.3. Retaining genetic material fr
Page 302 and 303: 1255 Based on DAL’s advice in its
Page 304 and 305: • a complaint about the incorrect
Page 306 and 307: The Ombudsman found that the police
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Page 310 and 311: 15.3.5. Failure to maintain proper
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Page 320 and 321: Appendix. Implementation of recomme
Page 322 and 323: at staff development days. In addit
Page 326 and 327: Term Definition / explanation Incap
Page 328 and 329: Term Definition / explanation Victi
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Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

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