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

Separate training courses are run for scene of crime officers, forensic service group officers and forensic
investigators. These cover the collection of crime scene samples and specialist forensic procedures that require
additional skills, such as gunshot residue tests, scrapings or lifting by tape, technical photographs and swabbing
for trace DNA. NSW Police was unable to advise how many officers are accredited to conduct these types of
procedures. 267
4.1.4. Publications
Since 2000, NSW Police has published 58 articles about forensic procedures in the Police Weekly magazine.
This magazine is distributed to every police station and is also available on the police intranet so that every police
officer has access to it. Articles advise officers of changes to legislation and policy, promote success stories where
forensic procedures have produced good results, and discuss scenarios where the use of forensic procedure powers
may be problematic.
Issues which have been covered include:
• compliance with court orders
• changes to procedures for submitting exhibits for DNA analysis
• picture identification; obtaining evidence from discarded items
• conducting forensic procedures on children and young people
• sharing forensic material with suspects
• recording forensic procedures on the custody management system
• the need to take a confirmation sample from a suspect identified through a cold link
• conducting forensic procedures on volunteers
• destruction of DNA samples taken through mass screenings, and
• police access to Guthrie cards (blood samples taken from babies at birth by heel prick).
These articles show that NSW Police and FPIT in particular have made a considerable effort throughout the review
period to ensure officers are aware of their obligations under the Act, and are using their powers to conduct forensic
procedures effectively and appropriately.
4.1.5. Monitoring by NSW Police
FPIT monitors implementation of the Act in many ways, such as keeping statistics of the number of forensic
procedures conducted and outcomes for cold links, checking that forensic procedures have been recorded on COPS
properly, and requesting the laboratory to destroy DNA samples which can no longer be retained.
The NSW Police Audit Group monitors the implementation of the Act through its audits of local area and specialist
commands. Auditors examine the records and systems of individual commands to assess compliance with various
legislative, procedural and policy requirements. The forensic procedures component of the audit involves selecting
five DNA samples and checking that: 268
• the procedure was electronically recorded, was taken for an indictable offence and was taken by an
appropriately qualified person
• the DNA sample was properly handled, by reviewing exhibit book entries, storage facilities (including
temperature and security) and how long police took to send the sample to DAL, and
• police have taken appropriate action after receiving the DNA analysis results.
The auditors also examine the DNA kit register to account for the kits which have been used, and those which are still
on hand.
It is positive to see that NSW Police is monitoring the systems and practices in individual commands to assess
compliance with the legislative and policy requirements relating to forensic procedures. However, there are some
aspects of the audit which in our view could be improved.
First, the current audit practice only deals with DNA samples. As discussed throughout this report, the Act provides
for a variety of forensic procedures. Given that the majority of forensic procedures are DNA samples, it is appropriate
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000