DNA Samples

The Crimes Act 1958 authorises a police officer to collect a “DNA profile sample” in certain situations. A DNA profile sample is a sample taken to derive a DNA profile. It can be a sample of blood, hair, saliva or a scraping from the mouth.

When can police take a DNA sample?

A police officer can request a DNA profile sample from an adult who:

• is suspected of committing or attempting to commit an indictable offence;
• has been charged with an indictable offence;
• has been summonsed over a charge for an indictable offence.

The sample can be taken if the adult gives informed consent or a senior police officer authorises the taking of a sample.

An officer can also request a DNA profile sample from a child aged between 15 and 18 who:

• is reasonably believed to have committed a “DNA sample offence”.
• has been charged with a DNA sample offence.
• has been summoned over a charge for an DNA sample offence.

“DNA sample offences” include murder, manslaughter, rape, kidnapping, carjacking, home invasion, etc..

The sample can be taken if the child and parent or guardian give informed consent or a senior police officer authorises the taking of a sample.

A police officer must inform the person providing the sample:

• why the sample is required;
• the procedure for collecting it;
• the offence the person is suspected of committing, or has been charged with, or the charge they have been summonsed to answer;
• that the sample could produce evidence to be used in a court;
• that the sample will be destroyed after 12 months if the person has not been charged with an offence or has been found not guilty of the offence;
• that the person’s DNA will be stored on a DNA database and could be used in a criminal investigation;
• that the person can refuse to give a sample, and if they do, a senior police officer can authorise the taking of the sample.

The giving of this information and the person’s responses must be recorded by audio recording or audio-visual recording, or in writing signed by the person.

Sex offenders

A police officer can direct that a DNA profile sample be taken at any time from a “registrable offender” – a person who has been sentenced at any time for a registrable offence. A senior police officer can order a registrable offender to attend a police station to have a sample taken within 28 days of service of a notice. A warrant can be issued for non-compliance.

Can you say no?

For any intimate and non-intimate body sample you can say no. If you say no, police may get a court order, or a senior police officer may approve the taking of a non-intimate sample. 

For an offender who is aged between 10 and 15, the police must always obtain a court order. 

How long can police keep the sample for?

Police must destroy the DNA sample after 12 months of:

• You have not been charged with an offence
• You have been found not guilty of the offence