Establishment of a DNA Database - Law Reform Commission

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prosecution must be derived from new samples of biological material takenfrom the accused individual. It is the second sample, the profile derivedfrom it and the results obtained from comparing it to crime scene sampleprofiles, which will be presented in court by a recognised scientific expert.1.12 In the absence of a DNA database, DNA profiling can only beuseful once police have identified a suspect through traditional investigativemeans. With a DNA database, the investigative process itself becomes moreeffective and efficient. It is axiomatic that if an investigation can beconcentrated on a primary suspect from the outset, the net need not be casttoo widely and, in consequence, resources which would otherwise beexpended on time-consuming door-to-door enquiries may not be required.The retention of DNA profiles on a database is considered to be particularlyuseful as an intelligence tool in combating current as well as future crime.The system is particularly successful in identifying repeat offenders for‘volume crime’ such as criminal damage, burglary and car theft.1.13 There is no generally agreed model regarding the organisationalstructure of a national DNA database. The category of persons from whomsamples are obtained and retained and hence who comprise a database, canvary. The world’s first national criminal DNA database was established inthe United Kingdom in April 1995, following a report by the RoyalCommission on Criminal Justice. 12 The UK DNA database holds profilesfrom individuals arrested for a recordable offence, 13 profiles that were givenvoluntarily for the purposes of elimination, and profiles derived from scenesof crime. In March 2004, the UK DNA database held 2,527,728 subjectsample records and 228,463 records from scene of crime samples. 14 As eachnew subject sample profile is added to the database, it is checked against allthe crime scene sample profiles on the database. When a new crime scenesample profile is added, it is checked against all subject and other crimescene sample records. Any profiles that are compatible are identified as amatch. Matches between a subject and a crime scene are useful inidentifying possible suspects for the offence. Matches between one crimescene and another provide valuable intelligence information which, togetherwith other information, may also help the police to identify suspects. Theprobability of identifying one or more suspects for an offence when a profile121314The Royal Commission on Criminal Justice (1993) CM 2263 London, HMSO.A recordable offence is one which is potentially punishable by imprisonment, andcertain other specified offences such as loitering or soliciting for the purposes ofprostitution, possessing a weapon with a blade or a point in a public place ortampering with a motor vehicle.See Forensic Science Service The National DNA Database Annual Report 2003-2004at 18. Available at http://www.forensic.gov.uk.10
from a crime scene was loaded onto the DNA database in 2003/04 was45%. 151.14 Various other countries worldwide have sought to access thebenefits of DNA technology. 16 In 1995, New Zealand became the secondcountry in the world to have a national DNA databank. Since itsestablishment, 50,000 DNA profiles have been entered in the databank and10,000 profiles from unsolved crimes have been registered on the CrimeSample Database. 17 The FBI’s Combined DNA Index System (CODIS)commenced operations in October 1998 and the National DNA Databank ofCanada commenced operations in June 2000. The majority of Europeancountries either have, or are establishing, DNA databases. 18 Each of thesecountries have approached the implementation and use of these databasesdifferently. Issues such as who is to be included in the database, the storageof samples, security and custodianship, are just some that must be addressedin the development of forensic databases. Consideration must also be givento individual human rights when debating these matters.1.15 The Commission is aware that strong support exists for theestablishment of a DNA database in Ireland. The current Director of PublicProsecutions has observed that a DNA database would be “a powerful tool”in the fight against organised crime in Ireland. He added that the DNA ofcriminals who are convicted (whether sent to prison or given a suspendedsentence) should be retained to check against DNA gathered at future crimescenes. 19 Similarly, the early introduction of a DNA database has beensupported by the current Garda Commissioner who observed that the Gardaíare at a distinct disadvantage in solving crime because Ireland does not have1516171819See Forensic Science Service The National DNA Database Annual Report 2003-2004at 21. Available at http://www.forensic.gov.uk.A survey conducted by Interpol of its member states showed that 77 states performDNA analysis, out of which 41 operate a national DNA database. 38% of the memberstates are predicted to house a DNA database in the next few years. See InterpolDNA Unit Global DNA Database Inquiry, Results and Analysis 2002. Available athttp://www.interpol.int/Public/Forensic/dna/inquiry/default.asp.New Zealand Government Press Release: Research, Science and Technology MinisterSteve Maharey and Police Minister George Hawkins “50,000 th DNA profile a crimefighting milestone” 21 April 2005. Available at http://www.beehive.govt.nz.See Williams & Johnson Forensic DNA Databasing: A European Perspective June2005. Available at http://www.dur.ac.uk/p.j.johnson/.Opening Address of James Hamilton, Director of Public Prosecutions at the 6 thAnnual National Prosecutors Conference, 28 th May 2005, pages 5-6.11
Page 1 and 2: REPORTTHE ESTABLISHMENT OF A DNA DA
Page 3 and 4: THE LAW REFORM COMMISSIONBackground
Page 5: Contact DetailsFurther information
Page 9: NOTEThis Report was submitted to th
Page 12 and 13: (3) Report Recommendation 87CHAPTER
Page 14 and 15: 4 In Chapter 1 the Commission discu
Page 17 and 18: CHAPTER 1ESTABLISHING A DNA DATABAS
Page 19 and 20: areas are reported to have little p
Page 21: of the DNA profiling and the securi
Page 25 and 26: E Limited versus Comprehensive Data
Page 28 and 29: database may be used are limited, i
Page 30 and 31: samples as well as profiles and the
Page 32 and 33: all the circumstances of the case,
Page 34 and 35: evidential risks. The Commission in
Page 36 and 37: 2.26 The Commission recommends that
Page 38 and 39: followed. If possible however, an a
Page 40 and 41: In order to exploit the full potent
Page 42 and 43: urglary, robbery and forgery, 40 as
Page 44 and 45: (ii) Discussion2.52 This recommenda
Page 46 and 47: Suspect’s profiles can still be m
Page 48 and 49: they are not identifiable by an unt
Page 50 and 51: legislative change has been upheld
Page 52 and 53: database. 79 The use of matches bet
Page 54 and 55: 2.69 If a suspect is convicted of a
Page 56 and 57: to the database in order to aid the
Page 58 and 59: (II) Discussion2.79 Taking samples
Page 60 and 61: 2.84 Finally, in the Consultation P
Page 62 and 63: has been expressed that this provis
Page 64 and 65: person’s rights to bodily integri
Page 67 and 68: 3CHAPTER 3RETENTION, DESTRUCTION AN
Page 69 and 70: generally been welcomed. 6 The UK H
Page 71 and 72: can be made when the need occurs, t
Page 73 and 74:
easonableness. Both the House of Lo
Page 75 and 76:
in the future a ‘genetic photo-fi
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the comparator sample is the source
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ody’s function of managing the da
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proposed DNA database. The Commissi
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accreditation programmes are a part
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necessary exceptions in the Acts fo
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personal information about an indiv
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section 3(5) of the New South Wales
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the veracity of the DNA analysis. T
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development training courses are ne
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the State should accede to an inter
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4.46 The Commission acknowledges th
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5CHAPTER 5DNA EVIDENCE IN COURTA In
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expressed in 2003 by the Court of C
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the evidence. To do this one must d
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5.15 Current UK Forensic Science Se
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contamination could be dealt with p
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(2) Discussion5.26 In the Consultat
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equirement for additional evidence
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Attorney General’s Reference No.
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eing insufficient or unsatisfactory
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6.22 The Commission recommends that
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6.34 The Commission recommends that
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APPENDIXDRAFT CRIMINAL JUSTICE (DNA
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_________________________________DR
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PART 2TAKING OF SAMPLESAuthorisatio
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Additional sample8.—Where a sampl
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Explanatory Note[This section sets
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sample was taken, that there is goo
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Analysis of samples23.—(1) Analys
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(4) The Agency is, subject to this
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Establishment of a DNA Database - Law Reform Commission

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