Networked Knowledge - Media Report

This version of the report has been prepared by: Dr Robert N Moles

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New South Wales Government Report: Review of DNA sampling and other forensic procedures

In October 2006, we reported to the Attorney-General on the second part of our review of the Crimes (Forensic Procedures)Act 2000 (the Act) concerning DNA sampling and other forensic procedures conducted on suspects and volunteers. More than 10,000 of these forensic procedures were conducted during the review period. We found that most were carried out lawfully and professionally, but we did identify a number of issues of concern. For example:
The complexity of the legislation makes it difficult for police officers to comply with their obligations. It is also difficult for suspects and volunteers to understand the information police provide about forensic procedures.
Some DNA samples were taken in breach of the Act, and others that were taken lawfully were retained in breach of the Act.
DNA records are not always accurate and mistakes have led to people being wrongfully charged and convicted.
The DNA laboratory cannot meet the police demand for DNA analysis, and the future of the provision of DNA analysis services in NSW is unclear.

We made over 100 recommendations to provide solutions to may of these problems and are monitoring the implementation of these recommendations.

The NSW Goverment has announced it will spend and extra $22.7 million on DNA testing over the next four years. A number of amendments to the Act also came into force in 2007. DNA sampling of convicted offenders - whose DNA profiles are not already on the database, but who have been charged with a further indictable offence - is now permitted. Police are now no longer required to record on video the taking of non-intimate photographs. Suspects who are cooperative, but provide DNA by order rather than by consent, are permitted to provide a sample by self-administered saliva swab - instead of having a police officer take a hair sample. The Act has also been amended to enable NSW to participate in the National database.

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