What happens to the evidence
collected from me?
Section 12 of the Criminal Law
(Forensic Procedures) Act, 2007
The forensic evidence will be analysed by the Police or
Forensic Science SA or a similar agency. Your DNA, for
example, could be checked against other DNA found at
the crime scene.
Right to request the destruction
Provision of Information to a Relevant Person
Forensic
Procedures
of the forensic sample or
material under section 39
Can I set limits on the use of my
DNA profile?
You can choose what happens to your DNA profile.
Sometimes the police might ask to put your
DNA profile on the South Australia DNA database,
which is a collection of DNA profiles used to help solve
crime and identification matters. You can tell the police
that you do not want this to happen.
If you agree to put your DNA profile on the database
you can set limits on how long police can store
your profile.
You can also choose to limit how police use your DNA
profile when it is on the DNA database. This can be
done by telling police which of the South Australia DNA
databases indices (categories) you permit them to match
your profile with.
If you are concerned about the possible use of your
DNA profile or want further information, you can
consult a lawyer.
Can I ask to have my forensic
sample destroyed?
Yes, see advice on the rear of this brochure.
•You can request police destroy your
forensic material at any time; or, if you
gave consent on behalf of someone else,
you can request the destruction of his or her
forensic material.
•Your request needs to be in writing,
addressed to:
Attention: Officer in Charge
Forensic Services Branch
Commissioner of Police
GPO Box 1539
ADELAIDE SA 5001
•Police must then either destroy the sample
within 21 days or apply for an order to
keep it.
•If the police wish to keep the sample, you
will have a chance to be heard before a
decision is made.
If you are under 16 and someone else has given
consent to the procedure on your behalf, once
you are 16 you can request the destruction
of your forensic material. Alternatively, the
person who gave the consent can request the
destruction of your forensic material.
For more copies of this pamphlet, please
contact the Commissioner for Victims’ Right
- [email protected] or GPO Box 464
Adelaide S.A. 5001, or ask at your local
police station.
What every victim or
volunteer should know
about his or her rights
under criminal law
(Forensic Procedures) Act 2007
What is forensic science?
Crime scene investigation has developed over
centuries. Today the careful examination of evidence
is an important tool in solving crime. Forensic science
deals with crime scene investigation.
A part of crime scene investigation is the collection
of evidence through forensic procedures.
What is a forensic procedure?
When investigating sexual assault cases, victims may be
asked to have an examination to collect evidence of the
assault (such as semen). It may also be necessary to collect
the DNA of the victim’s recent consensual partners, if any,
to rule them out as the source of DNA found on the swabs
taken from the victim. This way the police will know that
the DNA is from the suspect.
An examination could also look at other things that
happened during an offence committed on a victim.
For example, if a victim was injured this might involve
photographing any injury such as bruises.
Examples of common forensic procedures are:
How will the forensic procedure
be done?
A sample has to be taken in a way that lessens any
harm or embarrassment to you and avoids offending
your cultural or religious beliefs. The number of
people present when a sample is taken will be kept
to a minimum.
If an examination of the genital or anal region,
buttocks or (for women) breast is required, it will be
done if reasonably practicable by a person of your own
sex unless you ask for a person of the opposite sex.
• taking a sample of your DNA;
• taking your fingerprint(s);
• making a dental impression; or
• conducting a medical examination.
Why do police seek DNA samples
or fingerprints?
All people at a crime scene always leave some
material such as a hair, body fluid, fibre from
clothing and or other signs of who was there.
Taking DNA or fingerprints from a victim or
volunteer is done so the police can work out what
material belongs to the suspect. To do this every
other person who has been at the crime scene has to
be identified, as well.
Without the help of victims and volunteers, the
police can never be certain, for instance, where DNA
found at a crime scene comes from.
For example, in the case of a burglary the suspect
may have drunk a glass of water at the crime
scene. This glass may have the burglar’s DNA or
fingerprints. The police need to rule out the people
living in the house as the source that DNA or
fingerprints. For this purpose, these people could be
asked to volunteer a forensic sample for testing.
Your rights as a victim
or volunteer include
As a volunteer or victim, you have legal rights:
Do I have to give a forensic sample?
As a victim or volunteer, it is your free choice to give a sample.
You will be asked to provide your consent to the sample being
taken. You can change your mind at any time prior to or whilst
the sample is being taken, just by telling the person taking the
sample that you no longer wish to give a sample.
If you are under 16 years of age or have some difficulty
understanding what occurs when a forensic procedure is
conducted due to a physical or mental disability, consent can
be provided either by a next of kin or a guardian. In some
cases a Senior Police Officer can allow the procedure to be
conducted. A forensic procedure will not proceed if before
or during the procedure you object to the procedure.
(This rule does not apply in certain circumstances, in particular
persons under 10 years of age.)
Can I have a witness of my choice
present for certain procedures?
You can have a doctor of your choice present if a blood
sample (other than a finger-prick DNA sample) is to be
taken or a sample is to be taken from inside your mouth
(other than a buccal swab for DNA) or if the sample is to
be collected from your genital or anal region, buttocks,
or (for women) breasts.
The doctor can be your witness to the procedure, but
is not allowed to take part in it or obstruct it. You will
have to pay any fee charged by your doctor.
If you are a child (under 16 years) or are suffering from
a physical or mental disability, a witness must be present
during the procedure. This could be a friend, relative or
an advocate.
Can I have an Interpreter present?
• An interpreter can be present and help you during a
forensic procedure. You do not have to organise or
pay for this service.