B2-2009 CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL

WHY WE NEED THIS CRUCIAL LEGISLATION IN SA

DNA PROFILING IS ONE OF THE MOST POWERFUL TOOLS IN CRIME PREVENTION &

DETECTION USED IN THE WORLD TODAY

SOUTH AFRICA NEEDS LEGISLATION TO ENABLE IT TO UTILISE THE TECHNOLOGICAL

ADVANCES MADE IN THIS FIELD

• SA Citizens have a RIGHT TO SAFETY & this law is fundamental to the protection of society against crime

• S.37 of Criminal Procedure Act is inadequate & outdated• New Bill promotes crime resolution, detection & prevention• SA has one of highest crime rates in the world, but lowest

conviction rate for violent crimeIn addition:• Need to regulate the retention and use of DNA Profiles on

a National DNA Database• Need to include convicted offenders DNA profiles

retrospectively - acts as a deterrent & provides criminal intelligence

• Deterrence negates high rate of recidivism• Allows for non-invasive, simpler & more efficient method

of collecting DNA reference samples

Why SA needs this Legislation…

Provides criminal intelligence

The larger the database the more chance of a “hit”

Reduction of court administration & detective work

Quickly eliminates the innocent

How will a DNA Database translate into Crime Resolution & Prevention in SA?

• Regions of DNA analysed do not reveal sensitive information that would compromise an individual

• DNA Profile used for criminal intelligence purposes only - severe punishment prescribed by Act if information used inappropriately

• Uplifting of DNA sample is non-invasive • Extensive Research shows no reports of abuse by any Governments using DNA

Databases for Criminal Intelligence• Cannot make “bad law” out of fear of a future uncertain event• Citizens right to safety outweighs any perceived invasion of privacy by DNA

profile existing on a Database• S.12(1)(c ) of Constitution - right to be free from all forms of violence• Samples not taken randomly - Bill provides for certain categories of persons from

whom samples may be taken

NEW BILL ADEQUATELY ADDRESSES POTENTIAL PRIVACY CONCERNS

• DNA Database Legislation enacted• Ringfenced funding for forensic staff, vehicles and equipment• DNA awareness training implemented – police force, justice and

general public• Increase in “volume crime” scenes visited resulted in increase of

DNA retrieved from crime scenes• Increase in no. of crime scene profiles loaded onto database• Regular monitoring of use of database in crime detection rates• Investment in IT infrastructure of database• Electronic delivery of match reports

A COMPARITIVE STUDY: A DNA EXPANSION PROGRAMME PROGRAMME THAT WORKED IN

THE UK - how did they achieve this?

1. DNA taken from all persons on arrest, regardless whether charged, convicted or acquitted

2. Buccal (saliva) samples taken by police

3. Convicted offender database allowed retrospectively

4. DNA database given legal status to retain profiles for criminal investigation only

5. Fingerprint and DNA legislation aligned

BENEFITS REALISED AS A RESULT OF DNA EXPANSION PROGRAMME IN THE UK

1. DNA detections quadrupled over a 5 year period2. 75% increase in number of suspect to crime scene

matches3. Enhanced capacity to detect and solve serious crimes4. Support of collection of all types of forensic material5. Links to other crimes – multiple matches6. Exoneration of innocent people7. Solution of cold cases8. Scene-to-scene matches identify patterns of criminal

behaviour9. Reduction in DNA processing times and costs10. REDUCTION IN CRIME LEVELS

The National DNA Database Annual Report 2005-2006

DNA Expansion Programme Report 2000–2005

AS A RESULT OF THE EXPANSION PROGRAMME THE UK NOW MANAGES…

UK: Average of 3300 match reports per month includes:

15 murder matches

45 rape matches

2500 vehicle, property, drug crime matches

The National DNA Database Annual Report 2005-2006

Forensic magazine: August/September 2008

• When a crime scene profile is loaded to the database, probability of obtaining an immediate match is 52%

• Thereafter the match rate increases to 68% within 12 months

• Each detection, on average, leads to almost one other crime detected

• 82% of suspects charged with a crime, with DNA evidence, plead guilty

The National DNA Database Annual Report 2005-2006

THE BENEFITS REALISED IN THE UK AS RESULT OF INCREASING SIZE OF DNA DATABASE

CAPE TIMES, July 17 2008

“One in three house robbers has murdered someone and, on average, such criminals carry out 104 crimes over 7½ years before the law catches up with them……”

An expanded DNA Database would throw a catchnet over this type of recurring criminal behaviour

In UK, of the 200 300 profiles retained in cases where the suspect was acquitted, the following matches occurred:

8,493 profiles subsequently matched with 13,964 crime scenes including:

114 murders,

55 attempted murders,

116 rapes, 119 aggravated burglaries

The National DNA Database Annual Report 2005-2006

DNA Expansion Programme Report 2000–2005

The benefits of retaining acquitted DNA profiles on the DNA Database:•Profile remains dormant unless matched to a crime scene•Database not tantamount to a criminal record•Purpose of Bill is to expand DNA Database, therefore removal of profiles reduces efficiency•The larger the database, the more chance of a “hit”•Criminal career path of offenders often start with relatively minor crimes

3,000 crime scene DNA matches:

• 37 murder

• 90 rapes

The National DNA Database Annual Report 2005-2006

In UK, of 150 000 profiles retained in cases where the suspect was arrested & released, the following matches occurred:

RELATIVE POSITION IN S.A.NO. OF PROFILES LOADED

RELATIVE POSITION IN S.A.DNA PROFILE HITS(CS - Crime Scene)

POTENTIAL MURDER “HIT RATE” IN S.A.

If we extrapolate current U.K. “murder hit rate” of 23%

to the SA statistics, we could generate 4252 match

reports p.a.

This translates into the identification of 324 murder suspects per month OR 81 per week

THIS COULD BE ACHIEVED IN S.A. BY:1. Amendment of legislation

2. Inclusion of criminal offender DNA database retrospectively

3. Increased capacity and efficiency of FSL

4. DNA awareness training – SAP / Justice

5. DNA awareness training – Private security companies / emergency services

6. DNA awareness - General public

7. Evidence collection training – LCRC

8. Post-graduate qualification for forensic biologists