February 2002 Volume 83 Number 2
"serving the protectors"
| February 2002 Volume 83 Number 2 "serving the protectors" |
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PASA to fight for tougher DNA legislation
DNA comparison is perhaps the biggest breakthrough in criminal investigation since the introduction of fingerprints more than 100 years ago.
But the SA legislation associated with DNA is weak, and of concern to PASA. It is not consistent with other parts of the nation.
In Australia, parochialism brought about non-uniform rail gauges in the 1800s. Should this particular history repeat itself in the form of DNA legislation, it would play into the hands of criminals who offend across different jurisdictions.
The Police Federation of Australia has supported the introduction of the $50 million Commonwealth Government Crimtrac system, which stores DNA samples. These can, Australia-wide, be matched against DNA samples left behind at crime scenes – in blood, saliva, skin, hair or semen.
The federation is committed to the establishment of consistent legislation in all Australian states and territories.
Provisions under the current legislation – contained in the South Australian Criminal Law (Forensic Procedures) Act – are restrictive. They only allow for a sample to be taken from a suspect for an indictable offence, which carries a possible jail term of five years or more. As well, the sample can only be kept on file if the suspect is convicted.
Such dangerously limiting provisions are not in the public interest, and can only assist perpetrators of the most heinous crimes to defy justice.
For the sake of the SA community, it is vital to strengthen this state’s legislation, and consequently foil criminals who might otherwise escape apprehension and/or conviction.
Other Australian states and territories, with stricter laws, have enjoyed extraordinary success clearing up unsolved crime. In Queensland, 72 jail and watch-house prisoners have been linked to other crimes. Moreover, police are – because of DNA testing – investigating 269 suspected repeat offenders.
The testing process will help eliminate suspects and vindicate the innocent. The legislation needs to ensure appropriate confidentiality and protection of the rights of those accused.
Current legislation limits SA police officers’ ability to solve serious crime. For the benefit of those officers, the community and, of course, victims of crime, the Police Association will vigorously lobby State Parliament to ensure appropriate legislation.
PETER ALEXANDER
PRESIDENT
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