The law relating to the taking of samples for DNA testing is contained in the Criminal Law (Forensic Procedures) Act 2007 (SA).
The taking of DNA samples by police is referred to as a simple identity procedure and samples are obtained by buccal swab (swab inside the cheek) or finger-prick [s 3].
A suspect or offender has no right to refuse a request for a simple identity procedure and it is an offence to obstruct or resist [see s 32]. A suspects procedure may be carried out on persons whether or not they are in custody [see s 14(3)]. The police may issue directions for a person to attend a police station for the purpose of providing a DNA sample [s 29(1)]. A simple identity procedure does not require the authorisation of a senior police officer [see s 14].
See further the Duty Solicitor Handbook on Suspects Procedures.
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