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)].
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