If you have been lawfully arrested, police have the power to take various forms of identification – including your photograph, fingerprints and handprints. If you are suspected of having committed an indictable offence, the police may wish to take this a step further to conduct a ‘forensic procedure’ to obtain a body sample for DNA analysis.
In New South Wales, these procedures have been regulated by the Crimes (Forensic Procedures) Act 2000 (CFPA), which establishes a legal framework for the taking, destruction and storage of forensic samples.
What is a forensic procedure?
Section 5 CFPA splits forensic procedures into intimate and non-intimate forensic procedures, as these categories have slightly different legal requirements.
Under Section 3, an intimate forensic procedure can include an external examination of a person’s private parts, a buccal swab (from inside your mouth), taking a sample of blood, pubic hair, taking a dental impression or taking a sample of any matter by various means, from the person’s private parts.
A non-intimate forensic procedure is less invasive, involving things such as a finger or foot print, taking photographs or sample of the person (other than their private parts), taking a sample of the person’s hair or carrying …