|
|
|
|
|
|
|
DNA testing What does it mean for young people? At the start of 2001 new laws came in about DNA testing. The law allows police to collect samples of saliva, hair and/or blood to do scientific testing called DNA testing. What is DNA testing? DNA (deoxyribonucleic acid) is a very tiny but most important material found in all cells of our bodies. It is DNA that determines our physical make-up, such as the colour of our hair, eyes and skin; whether we are short or tall - in fact most of the basic things that form our appearance. Like fingerprints, everybody’s DNA is different and unique. Who is tested? Anyone who is convicted and is serving a sentence of imprisonment for a serious indictable offence will be tested. This means that if you have been convicted on a charge that carries with it the possible maximum sentence of five years’ gaol or more - even if you are not serving this period yourself - you will be tested. Offences like robbery or break and entry could carry such sentences. If police require a test from you, it does not necessarily mean you are under investigation about a specific crime. If you are under 18, the police will need to get a court order before you can be tested and Legal Aid will represent you in court. If you are 18 years or over and agree to be tested, police do not have to get a court order. If you are over 18 and you do not agree to be tested, the police will need a court order to take a sample of your blood or saliva. What happens? Police use DNA samples that you take yourself from saliva from your mouth (called a buccal swab). You can ask to have a friend with you when you give the sample. A specially trained police officer collects the sample, not the officer in charge of your case. They will video what they do to prove they are doing it properly. The sample is sealed in an evidence bag and given to the Department of Health for testing. If the police want to take any other type of sample, such as hairs from your head or a blood sample, call the Legal Aid HotLine on 1800 10 18 10 for advice on your rights. The Hotline can also put you in touch with the Aboriginal Legal Service nearest to you. Can I refuse? If you refuse a sample the police can use reasonable force to get the sample. It is an offence to refuse to give a sample if a court has made an order that you be tested. If you do refuse, you can get up to 12 months detention. Why test? Just as fingerprints have been used as evidence at a crime scene, DNA samples can now be sent for testing and your DNA compared with any samples found at a crime scene. DNA testing can be used to assist in any unsolved cases and stored for investigating new crimes. DNA testing can be used not only to find people guilty - it can also prove you are not guilty. You would have a good argument to have your case reviewed if DNA testing showed you were wrongly convicted. |
|
|
|