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Nick Olivier & Pierre Joubert: The Criminal Law (Forensic Procedures) Amendment Bill ('The Dna Bill')

The document discusses the Criminal Law (Forensic Procedures) Amendment Bill, also known as the DNA Bill. It provides comments and submissions on various aspects of the bill from Forensics4Africa. In 3 sentences: Forensics4Africa supports the introduction of the DNA Bill to help fight crime through identification of serial offenders and linking perpetrators to crimes. They provide expertise and qualifications to assist with populating the arrestee index and analyzing samples from arrestees. The organization requests to be considered to take one of the two seats for non-governmental organizations on the proposed Forensic Oversight Board.

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Mohamed Ali Abdi
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44 views19 pages

Nick Olivier & Pierre Joubert: The Criminal Law (Forensic Procedures) Amendment Bill ('The Dna Bill')

The document discusses the Criminal Law (Forensic Procedures) Amendment Bill, also known as the DNA Bill. It provides comments and submissions on various aspects of the bill from Forensics4Africa. In 3 sentences: Forensics4Africa supports the introduction of the DNA Bill to help fight crime through identification of serial offenders and linking perpetrators to crimes. They provide expertise and qualifications to assist with populating the arrestee index and analyzing samples from arrestees. The organization requests to be considered to take one of the two seats for non-governmental organizations on the proposed Forensic Oversight Board.

Uploaded by

Mohamed Ali Abdi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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THE CRIMINAL LAW (FORENSIC PROCEDURES)

AMENDMENT BILL ['THE DNA BILL']

Nick Olivier & Pierre Joubert


Strategic Investigations and Seminars (Pty) Ltd
1
FORENSICS4AFRICA
• Operational division of Strategic Investigation and
Seminars (Pty) Ltd
• Vision - To be the preferred forensic service provider
• Registered and accredited as a service provider with:
– SASSETA - Safety and Security Sector Education and
Training Authority – ID 081985269877
– FASSET - Finance, Accounting, Management Consulting
and other Financial Services - ID 585/01354/12.
QUALIFICATIONS
• Offer SAQA Accredited qualifications in:
– Resolving of Crime (NQF 5) – ID 59989
– Forensic Science (NQF 5) – ID 57651
– Forensic Biology (NQF 6) – ID 57977
– Fraud Examination (NQF 7) – ID 67269
• Offer accredited short courses
• Online short courses

3
CURRICULUM OF FORENSIC BIOLOGY
• Presumptive testing of body fluids
• DNA Extraction to the DNA Profile
• Reporting & Statistics
• Crime Scene Reconstruction
• Introduction to Research
• Quality Management System
• Present evidence in court

4
GENERAL COMMENTS
• Supports the introduction of the CRIMINAL
LAW (FORENSICS PROCEDURES) AMENDMENT
BILL and its promulgation into law as a matter
of extreme urgency to help fight crime in our
country applicable to, amongst others:

– identification of serial offenders


– Linking of perpetrators to different/other crimes

5
GENERAL COMMENTS
• An effective DNA database is dependent on
the following:

– Proper legislation
– Type of reference sample

6
SAMPLES FROM NAILS
• Section 1(e)(fG) – sample take from ‘…..from the
nail or from under the nail of a person…..’
– Per definition a non-intimate sample
– Sample should be taken by a trained person
– Could contain evidence → Crime Index
• Submission:
It should be clear that the sample taken from the nail
or under the nail should not be used as a reference
sample

7
AREA FOR TAKING OF A BUCCAL SWAB
• Section1(g)(a) ‘……..takes a buccal swab…..in a
designated area deemed suitable for such purpose ……’
– Normally inside a building
– Outside a building, eg. a roadblock
– Value of a DNA database:
• person is arrested for a driving offense and due to a
comparative search on the DNA database links this person to
a serious offense
• Our submission:
– A designated area as referred to in section 36A(5)(a) be
defined as a designated inside or outside area deemed
suitable for such purpose

8
SUSPECT INDEX
• Section 2 – 36D (a) – ‘…….buccal swab be taken ….
….person arrested for any offence referred to in
Schedule1’.
– Suspect : a person not yet cleared by the
investigation of SAPS
– Not all suspects may be arrested.
– Comparative forensic DNA search on the DNA
database might not be allowed
– Illegal DNA matches - not reported

9
SUSPECT INDEX
• Our submission:
(i) Taking a buccal swab from a
suspect must be included in Section
36E.
(ii) Creation of a SUSPECT Index
(iii) Comparative search of any DNA profile
against the SUSPECT Index
(iv) Same principles applicable as in section
15Q(a)

10
EXISTING (OLD) DNA DATABASE
• Section 15G(7) - Establishment of a national
forensic DNA database
– SAPS implemented STR technology in 1998
– Existing DNA database contains DNA profiles derived
from suspects, arrestees, volunteers, (victims &
laboratory personnel) and crimes samples
• Our submission:
DNA profiles on the existing DNA database be
incorporated on the new national forensic DNA
database and managed as determined by legislation

11
ELIMINATION INDEX
• Section15L (1)(c) – ‘The Elimination Index shall
contain forensic DNA profiles ………from any person
………. manufacturing of consumables’
– majority DNA consumables purchased from
companies abroad and not from local companies
• Our submission:
– To add the words ‘where possible’ in the sentence of
Section (c)

12
DESTROYING OF REFERENCE SAMPLES
Section 15P(1) ‘…. Bodily sample taken …… not
relating to crime scene sample ….. be
destroyed within 3 months …….’
&
Section 15Q(a) ‘……DNA profiles in the Arrestee
Index must be expunged within 3 years ….’
– Typing error?

13
DESTROYING OF REFERENCE SAMPLES
• Our submission:
(i)The DNA profiles in the SUSPECT and
the ARRESTEE Indexes must be
destroyed within 3 months after
been notified.
(ii) All DNA samples (DNA extract,
Quantified- & amplified DNA) of such an
individual must ALSO be destroyed

14
PRIVATE SERVICE PROVIDERS
• Populated ARRESTEE Index as soon as
possible
• Capacity for analysis of all arrestees?
• Private Service Providers could assist
– 600 000 samples annually
– Only buccal swabs
– NOT crime samples
– Same principles and procedures as SAPS
– Re-typing by SAPS after a DNA match

15
FORENSIC OVERSIGHT BOARD
• Section 15Y(f) – ‘…. A total of two representatives
appointed by non-governmental organisations
……..’
• Forensics4Africa employs DNA experts who
will be able to contribute substantially to the
proceedings of the Board
• Requests that Forensics4Africa be considered
to take up one of the two seats mentioned

16
OPERATIONAL DATA

• Lecturers >100 years experience in field of


forensic investigative sciences
• Qualified Assessors and Moderators
• Enrolled students > 600
• Recognition of Prior Learning of SAPS
members >300

17
SCIENTIFIC EXPERTISE

Adéle Jane Wright Pierre Joubert


Strydom
Qualification PhD PhD BSc Honours
Expertise Genetics Phylogenetics Forensic Biology
Experience 16 years 16 years 31 years

18
Thank You

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