1.3 Forensic Procedures Flashcards
What are forensic procedures?
The systematic methods and processes used in forensic science to collect, analyse and interpret evidence in order to assist in investigations and legal proceedings
What are the key forensic procedures?
- Crime scene investigation
- Evidence collection and preservation
- Forensic analysis
- Chain of custody
- Laboratory analysis
- Expert testimony
What is the importance of DNA evidence?
For the innocent it can provide a means to prove they are not guilty of a crime. In some instances DNA evidence can establish that a person is responsible for a serious crime if he/she leaves behind traces of DNA which then links that person to the crime
What are the two main types of forensic samples?
Non-intimate: Hair sample, matter from under the fingernail, external body swabs
Intimate: Blood sample, sample of pubic hair, scrapping from the mouth, genital swab
What does the new legislation mean?
Police now have the power to take DNA samples from adult and juvenile suspects in indictable matters without a court order, even when the suspect does not consent to the sample being taken
-A senior police officer must approve before the sample can be taken
Who can the police take DNA samples from?
The new legislation gives the police the power to take DNA from an adult or child over 15 who:
-Is suspected of having committed or having attempted to commit an indictable offence
-Has been charged with an indictable offence
-Has been summoned (ordered to attend court) to answer a charge for an indictable offence
The police may only request a DNA sample if the officer is satisfied that the taking of the sample is justified in all the circumstances
Can you say no to a non-intimate body sample?
No. If a person does not consent to a non-intimate body sample, a senior police officer may authorise the taking of a DNA sample. Before doing so the senior police officer must allow an opportunity for the person, their parent (if they’re a child), or their lawyer, to inform the senior officer of any reason why the DNA sample should not be taken
Can you say no to an intimate body sample?
For all body samples you can say no. However the police may get a court order to get a body sample if you refuse. A senior police officer can approve an intimate body sample (including taking blood through a finger prick) without having to ask the court if you are suspected of committing a serious offence
What happens to the DNA sample?
DNA profiles are then stored in a database and compared to the samples of DNA found at the crime scene
When must police destroy a person’s DNA sample?
-12 months after the sample was taken, the person has not been charged with a relevant offence
-The person was charged but the charge was not proceeded with or the person was found not guilty (otherwise than by reason of mental impairment)
