Forensic procedure

Forensic procedure

1. Definition taking a sample of any part of the body intimate or non-intiminate or conduct of any procedure or physical examination of the body excluding fingerprints 464(2)

2. Intimate s 464(2)

   • a) Blood sample
   • b) public hair
   • c) a swab, washing or sample taken from external genetal or anus region from a male or female or from the breast of a female
   • d) saliva sample
   • e) scraping taken from mouth
   • f) dental impression

3. Non Intimate 464(2)

   • a) Hair sample, including root if needed ex. pubic
   • b) sample taken from under fingernail or toenail
   • c) swab, washing or sample of any external part of the body other than genetal/anus/breast
   • Senior PO authorisation 464SA: not involved in investigation s must satisfy
     • 1) relevant suspect 464(2)
     • 2) under arrest or in custody
     • 3) not under 18
     • 4) not incapable of giving consent
     • 5) has refused consent
     • 6) reasonabe grounds to believe s has commited offence
     • 7) in all the circumstances justified: 464SA(2)
     • Authorisation needs to be given in writing and s lawyer needs reasonable time to inform PO why FB unecessary 464SB(1)
     • before proceedure done s must be informed 464SB(4) and recorded 464SB(5)

4. Goals

   • 1) identifying
   • 2) detering
   • 3)cold cases

5. what s464R-464ZGO makes lawful

   • 1) Interference with pysical liberty: warrant for arrest to get DNA sample
   • 2) Interference with bodily integrity eg. blood or hair plucked
   • 3) intrusion by the state into a person's day to daylife without specific grounds to suspect that person eg. Mass DNA screenings
   • 4) collection use and retention of genetic info

6. 464Y(1): immediatly before any forensic done PO must inform person the person they do not have to answer any q's to the person taking sample as it may be used as evidence

7. Age

   • <10 None
   • 10<18 Childrens court must grant order
     • 464U7
       • elements
         • 1) suspected/charged with specified offence
         • 2) PO has RB committed offence
         • 3) DNA material of V/S believed to exist
         • 4)if firearm used
         • 5)distinguishing marks/injuries
         • 6) RB that will prove/disprove
         • 7) order justified in all circumstances and considering matter in 464U(8)
     • Childrens court can order FP 4642(u): same criteria as 18+ also circumstances, age, participation in offence
     • warrant
       • 464x(1) court can issue warrant for arrest child the subject to of an application under 464U(3)/464(2) and bring the child before the court for the hearing of the application of an order directing child to undergo a compulsory
   • 18+ normal
     • 464R means to undergo
       • 1) informed consent
         • volunteer 464ZGB
           • over 18
           • must be informed of relevant matter and must be recorded 464ZGB(3)
           • independt person must be there when consenting
           • can change mind, sample must be destroyed unless P get court order 464ZGB(3)(g)
           • V can specify what sample can/not be used for 464ZGB(3)(ba)
         • suspect 464(2)(a)
         • 464s(1) S must be informed
           • b) nature
             • a) Purpose
           • c) medical professional of s choice can be used
           • d) the offence
           • e) evidence can be used in court
             • ea) evidence can be put in database and used in investigations
           • f) can rufuse
             • g) order by court for intimate
             • h) Senior PO can authorise non-intimate
         • see above for PO authorisation
         • Court order: procedure 464T
           • 1) s refused/incapable of consen
           • 2) sample can be obtained by FP
           • 3) relevant suspect
           • 4)PO believes on RG S committed offence
           • s must be informed of app to court : failure=breach of natural justice: kirsch v dolman
           • Crt must be satisfied on BOP of section 464T(3)
             • a) revelevant suspect
             • b) RG to believe s committed offence
             • c)RG to believe FP will link to scene/victim ect
             • d) Gunshot(residue from offence)
             • e)Physical: Distinguishing marks/features
             • f) RB procedure will prove/disprove
             • g) refused consent/incapable
             • h) in all circumstances order is justified
         • 464ZF court order after FP offence :set out in sch 8
       • 2)senior PO can authorise non intimate 464SA
       • 3) Magistrate crt order
         • to provide sample/ undergo exam

8. 464R request: can only do so if reasonable grounds for believing the procedure would prove/disprove s in a indictable offence, s must be suspect on reasonable grounds/ has been charged/ summonsed for indictable offence

   • suspect def 464(2)

9. destruction of prints

   • found guilty: PO can apply to court to keep ZFB(i)
   • Found not guily: if no charge w/in 12 months/charges not proceeded with 464ZG(3) = samples must be destroyed
   • children: no offence up to 26yrs=destroy 464ZGA(1) ex. murder