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:

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)].