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Victims and Volunteers DNA samples

Taking DNA from Victims and Volunteers

Under the Criminal Law (Forensic Procedures) Act 2007 (SA) there are procedures for taking DNA samples from volunteers and victims [s 7]. A forensic procedure can be carried out on a volunteer or victims if:

  • it is not in connection with the volunteer or victim being suspected of a serious offence; and
  • either the person consents to the procedure or a senior police officer authorises the procedure in accordance with s 9 of the Act.

A child or person who is or physically or mentally incapable of understanding the nature and consequences of the procedure is defined as a protected person [s 3]. Before a volunteers or victims procedure is carried out on a protected person, police have to explain to them that the procedure will not be carried out if the person objects [s 11(1)]. If the protected person objects or resists then the procedure can not be carried out [s 11(2)]. However, this section does not apply to a person who is under 10 years old or who does not appear capable of responding rationally to information [s 11(3)(c)].

Destruction of victims and volunteers forensic material

A volunteer or victim can request in writing that their forensic material be destroyed [s 39(2)].

The Commissioner of Police must ensure that forensic material from a volunteers or victims procedure is destroyed either 21 days from receiving that request, or at the time directed by an order to retain the material if one has been made [s 39(1)].

Victims and Volunteers DNA samples  :  Last Revised: Fri Jan 20th 2017
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