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

Foreword
The Crimes (Forensic Procedures) Act 2000 clarified and expanded the power of police officers to take DNA samples
and conduct other types of forensic procedures. The Act required my office to keep under scrutiny the exercise of
these powers for the first four years of their use.
We have previously reported on the DNA sampling of people convicted of a serious indictable offence. This second
report deals with DNA sampling and other forensic procedures conducted on suspects and volunteers. The focus of
our review is on whether police officers and others involved in forensic procedures are complying with their legislative
obligations, and are discharging their functions fairly and effectively.
We found that the implementation of the Crimes (Forensic Procedures) Act has provided police with further tools for
use in the investigation and prosecution of criminal offences. This has generally been achieved with due regard to
the rights and interests of people police wish to undergo forensic procedures. However, we did identify a number of
legislative and procedural issues for consideration by Parliament and relevant agencies, and other key issues that
should be kept under scrutiny into the future.
We also found that the long term position on the provision of DNA analysis services in New South Wales is unclear.
As the demand for DNA analysis services continues to increase, there is a significant risk that without a clear and well
planned way forward, the objects of the Act may not be met effectively. I trust the research and observations in this
report will make a positive contribution to this debate.
Bruce Barbour
Ombudsman