FR04 Forensics DNA Flashcards
Why is DNA useful?
- Can place suspect at the scene leading to conviction
- Being checked against historic unsolved cases
- Prevent further crime with sample stored in permanent data bank
What is the legislation for taking DNA?
Criminal Investigations (Bodily Samples) Act 1995
What are the different DNA collecting methods?
- Buccal (mouth) swab
- Fingerprick (blood) sample
- Venous (blood) sample
Where are DNA samples stored and checked?
- Temporary data bank
- National data bank
Temporary Data Bank
- samples kept until person is convicted
- transferred to permanent bank when convicted
- destroyed if not convicted
National DNA databank
- aim to increase chances of identifying suspects
- held indefinitely
- linked with databases to solve unsolved crime and identify suspects
DNA sampling types (6)
- voluntary
- post conviction
- suspect
- dual
- intent to charge
- elimination
Who can take a sample?
A suitably qualified person or themselves (buccal swab)
What can you do if someone refuses to give a sample under “intention to charge”
Apply for compulsion order demanding a sample be taken
Rights under Section 24J (CIBF 1995)
Take sample from anyone 17 years or over if
- they have been arrested for an imp offence or peeping and peering and in lawful custody of police
- good cause to suspect they have committed imp offence and P&P
Rights under 24K to take sample from
- young person (14-16) if they have been arrested
- or good cause to suspect they have committed
- relevant offence imp 7 years +
If detaining for a DNA sample you must…
- hold them to take sample
- for only period necessary to take sample
- MUST be obtained BEFORE released on bail, released on summons or appears before the court (same day)
When can you not take DNA samples? (6)
- warning
- offered pre charge warning
- detained under other enactment
- arrested for not an imp off, P&P or relevant offence (youth)
- haven’t decided whether to charge them
- no DNA kits available
What is an elimination sample?
- taken to eliminate person from investigation
e. g. victim - used when there has been cross contamination
- not stored in DNA bank, used an exhibit (BIOTRACK)
When taking a voluntary sample, what must be done?
- get consent
- in writing or given orally and recorded on tape