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

The resolution established a European standard set of markers, to enable the comparison of samples analysed in
different countries. 254
Although the exchange of profiles between European countries is encouraged, there is no European DNA database.
However, the issue is still being debated. In July 2004 at a European Union meeting of interior ministers, the Home
Secretary of the United Kingdom put forward a proposal for the development of a European DNA database. 255
The proposal largely stemmed from media attention given to the murder of an English school girl in France in 1996.
It was not until 2004 that a suspect was identified in the United States by a DNA match and was extradited to France
to stand trial. The investigation has brought about changes to the French DNA database, and has prompted further
discussion of the merits of a European DNA database. 256
In May 2005, seven European countries (Belgium, Germany, Luxembourg, the Netherlands, Austria, France and
Spain) announced they would sign an agreement to allow automatic access to each other’s DNA and fingerprint
databases. It appears that other European countries may join the arrangement some time in the future. 257
3.5.2. A global DNA database
In 1998, the Interpol European Working Party on DNA Profiling expanded, so that all continents would be
represented. 258 The group became known as the Interpol DNA Monitoring Expert Group. In 1999, it recommended
that an Interpol DNA database be created, so DNA profiles could be exchanged by member countries through
Interpol.
In 2001, Interpol indicated that it proposed to establish an international database of DNA profiles, for use by its
member states. Member states would be able to submit DNA profiles for addition to the Interpol DNA database, and
would be able to search the database, using an Interpol Internet browser. The system would compare profiles added
to the database with those already on it, and would notify the member states involved in the event of a match. It would
be the responsibility of the member states to act on this information.
Interpol made it clear that the database would be limited to the investigation of crime connected to more than one
country:
The Interpol database is not intended to be a substitute for countries’ national databases. The only profiles
submitted should be those of known criminals operating internationally or those of unknown stains found at
crime scenes when it is suspected that the offender might be a foreign national. 259
No biological material would be submitted to Interpol, only the DNA profile, which would be submitted electronically. 260
In 2002, the Interpol DNA Unit reported on its global DNA database inquiry. At the time, 179 countries were Interpol
member states. The inquiry concluded that 43 per cent of these countries perform forensic DNA analysis, and 23
per cent have a DNA database. A further 15 per cent were planning to install a national DNA database in the near
future. 261 Interpol also reported that as a result of its inquiry, many countries requested Interpol’s assistance to help
set up a national DNA database. 262
In 2003, a DNA database pilot project was set up at the Interpol General Secretariat. It aimed to provide an additional
resource for member countries “to track down and identify those who commit cross border crimes.” 263 In 2004,
the first hit from the database was announced, after a request from Slovenia was matched to a profile previously
submitted by Croatia.
Endnotes
78 Crimes Act 1900 s 353A, ins erted by Crimes Amendment Act 1924 s 13.
79 Fernando v Commissioner of Police (1995) 36 NSWLR 567 at 593 (Powell JA).
80 Crimes Act 1900 s 353A(3A) (repealed).
81 Road Transport (Safety and Traffic Management) Act 1999 s 27.
82 Road Transport (Safety and Traffic Management) Act 1999 s 20.
83 NSW Legislative Assembly Hansard, 31 May 2000, Mr P Whelan MP, p. 6293.
84 NSW Legislative Assembly Hansard, 31 May 2000, Mr P Whelan MP, p. 6293.
85 NSW Legislative Assembly Hansard, 31 May 2000, Mr P Whelan MP, p. 6293.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 33