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

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We asked NSW Police why there is such a significant discrepancy in its records, and were advised it is largely due to recording errors on COPS. FPIT tries to correct these, by monitoring samples submitted to DAL for analysis, and checking them against the relevant COPS entries. 336 It is not clear why there are discrepancies between police and DAL records as to the number of DNA samples submitted for analysis. However, this discrepancy is much smaller. 5.1.2. The numbers are going up Figure 2 shows the annual number of DNA samples submitted by NSW Police to DAL for each of the years since the Act came into force. Figure 02: Annual number of samples submitted by NSW Police to DAL. 3,500 3,197 No of person samples submitted to DAL 3,000 2,627 2,500 2,000 1,686 Volunteers 1,500 1,257 1,000 500 295 338 53 165 0 2001 2002 2003 2004 Year Source: Information provided by NSW Police on 22 June 2005. (n = 9,618) Suspects Despite the discrepancies in records of forensic procedures, it is clear that more and more forensic procedures are being conducted each year. Figure 2 shows that the number of DNA samples taken from suspects rose significantly for each year of the review period. The number of samples taken from volunteers has also increased significantly. 5.1.3. How many profiles are on the DNA database During the review period, DAL loaded over 25,000 DNA profiles from people onto the DNA database, including 8,699 from suspects and 831 from volunteers. 337 We understand the rest were from serious indictable offenders. DAL has also loaded over 14,000 DNA profiles derived from crime scene samples onto the database. 338 5.1.4. ‘Other’ forensic procedures ‘Other’ procedures include hand swabs (including swabs taken for gunshot residue tests); samples taken by scraping, vacuum suction or lifting by tape; physical measurements taken for biomechanical analysis; dental impressions; and impressions of wounds. COPS records indicate that 318 ‘other’ procedures were conducted. However, there is no further information about the type of procedure. In our survey, we asked all 80 local area commands which of these procedures they had used. 20 commands (25 per cent) advised they had conducted gun shot residue tests. The other procedures were conducted even less frequently; eight commands (10 per cent) had taken samples by scraping, vacuum suction or lifting by tape, and five (6 per 58 NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000
cent) had taken physical measurements for biomechanical analysis. None had any records of having taken dental impressions. 339 5.2. Where are forensic procedures being conducted During the time of our review, New South Wales was divided into five policing regions, each of which was further divided into a number of local area commands. Depending on its size, a local area command may have more than one police station in it. The five regions were: • Inner Metropolitan – which has 47 police stations (including 2 shopfronts) across 23 commands • Greater Metropolitan – which has 52 police stations (including 3 shopfronts) across 24 commands • Southern – which has 130 police stations across 11 commands • Northern – which has 107 police stations across 11 commands • Western – which has 119 police stations across 11 commands Not all police stations have facilities for charging suspects. Forensic procedures are only conducted in stations with suitable charge facilities. Figure 03: Regional Commands Map. Western Region Northern Region Inner Metro Region Southern Region Greater Metro Region Source: NSW Police Intranet. NSW Ombudsman DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 59
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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
Page 38 and 39: We followed up 180 of the 371 foren
Page 40 and 41: Chapter 2. Key provisions of the Ac
Page 42 and 43: (ii) the breasts of a female or a t
Page 44 and 45: scraping or lifting by tape from th
Page 46 and 47: • Some people have the right to h
Page 48 and 49: Chapter 3. DNA sampling in Australi
Page 50 and 51: • Security issues. There are conc
Page 52 and 53: 3.3.2. Australian Capital Territory
Page 54 and 55: 3.3.6. Queensland Forensic procedur
Page 56 and 57: analysis must be relevant to the of
Page 58 and 59: The FSS is still the largest forens
Page 60 and 61: The Garda Commissioner (the Irish e
Page 62 and 63: of operation, 50 per cent of states
Page 64 and 65: 86 For example, NSW Legislative Ass
Page 66 and 67: 150 Police Powers and Responsibilit
Page 68 and 69: 226 DNA Identification Act 1998 (Ca
Page 70 and 71: Chapter 4. Implementation of the Ac
Page 72 and 73: Separate training courses are run f
Page 74 and 75: 4.2.1. How easy is it for police of
Page 76 and 77: Given the widespread reluctance to
Page 78 and 79: Recommendation 03 NSW Police ensure
Page 80 and 81: NSW Police has long term plans to r
Page 82 and 83: The Audit Group has advised that it
Page 84 and 85: the carrying out of these forensic
Page 86 and 87: 322 Crimes (Forensic Procedures) Ac
Page 90 and 91: Table 2 shows the rate at which for
Page 92 and 93: Figure 5 shows that, of the forensi
Page 94 and 95: For procedures conducted on child s
Page 96 and 97: These figures show that the number
Page 98 and 99: cent result in a warm link and 13 p
Page 100 and 101: 355 40 out of 450 child suspects: C
Page 102 and 103: In our 2004 report on the DNA sampl
Page 104 and 105: 6.1.3. Does it matter whether the p
Page 106 and 107: The distinction between suspects an
Page 108 and 109: He is not here yet. [The form then
Page 110 and 111: Recommendation 15 Police consider i
Page 112 and 113: 393 Ombudsman audit of local area c
Page 114 and 115: Chapter 7. Authority to conduct a f
Page 116 and 117: Case Study 10 An unknown offender b
Page 118 and 119: In any event, not all people of int
Page 120 and 121: intellectual functioning, someone e
Page 122 and 123: Case Study 15 An elderly woman was
Page 124 and 125: Even where there is direct evidence
Page 126 and 127: interest in upholding the physical
Page 128 and 129: of consent; and secondly, it sugges
Page 130 and 131: 7.3. Suspects: proceeding by order
Page 132 and 133: second because the orders we were a
Page 134 and 135: The Police Association of NSW reque
Page 136 and 137: 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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Case Study 84 An unknown offender b
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In making this decision, the court
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evidence. Police would still, of co
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If two samples match, it is possibl
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Similar issues were considered in R
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Where the defence wishes to challen
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These results must be interpreted w
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1179 Letter from DPP, 24 March 2005
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Chapter 14. Destruction of forensic
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14.2.2. Identifying DNA profiles wh
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Recommendation 94 When DAL receives
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Recommendation 96 DAL delete all pr
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Recommendation 98 Section 87 of the
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14.3. Retaining genetic material fr
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1255 Based on DAL’s advice in its
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• a complaint about the incorrect
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The Ombudsman found that the police
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• The man was not cautioned prior
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15.3.5. Failure to maintain proper
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• the supervising sergeant did no
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Case Study 91 In 2004, a lorry driv
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16.2. Possible problems with DNA Be
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1319 Letter from Homicide Squad dat
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Appendix. Implementation of recomme
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at staff development days. In addit
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Term Definition / explanation Conta
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Term Definition / explanation Incap
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Term Definition / explanation Victi
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