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DRAFT POLICY GUIDELINES

CIVILIAN SECRETARIAT FOR POLICE

28 May 2013

INTRODUCTION OF CRIMINAL LAW (FORENSIC PROCEDURES)

AMENDMENT BILL

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BACKGROUND

• The Criminal Law (Forensic Procedures) Amendment Bill, 2009, was introduced in Parliament following the recommendations of the Office for Criminal Justice Reform (OCJR)

• The Bill dealt with issues related to enhancing the use of fingerprints and especially interdepartmental cooperation to link different fingerprint databases for crime investigation purposes. The Bill furthermore provided for the establishment of a DNA database to enhance criminal investigations

• The Bill was considered by the Portfolio Committee on Police which decided to only deal with the fingerprint part of the Bill and to conduct comparative research into the DNA issues before dealing with the aspects dealing with DNA

• The DNA part of the Bill was referred back to the Minister of Police so that it could be aligned with the research to be undertaken by the Portfolio Committee and any findings and recommendations

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BACKGROUND

• The Portfolio Committee on Police undertook a study tour abroad, accompanied by officials of the SAPS and members of the Office of the Chief State Law Adviser

• A policy document was prepared and presented to Parliament in 2012 and has been aligned with common practices overseas

• The Bill was then drafted and taken through the Development Committee. The Bill was approved and presented to Cabinet for approval for introduction to Parliament

• The Minister of Justice and Constitutional Development has agreed that the Minister of Police can introduce the Bill

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DRAFTING PROCESS OF THE BILL

• Drafting of the Bill was done by:– SAPS Forensic Services– SAPS Legal Services– Civilian Secretariat of Police

• Consultations on the Bill included the ffg:– Department of Health– Department of Correctional Services– Department of Justice and Constitutional Development– National Prosecuting Authority– JCPS DGs Cluster and the Development Committee– Civil society

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CONTENTS OF BILL

• The Bill establishes a DNA database within the SAPS & recognizes the role a DNA database can play in fighting crime• DNA samples will be analysed and profiles stored for the purposes of detection of crime and the investigation of cases• The Bill also pays attention to the necessary limitations and protections required in term of human rights issues• The DNA database will consist of 5 indices:•Crime Scene Index of samples taken at a crime scene

•Arrestees Index

•Volunteers Index

•Convicted Offender Index

•Elimination Index

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CONTENT S OF BILL

• The Bill allows for DNA buccal samples to be taken by police officials trained in the taking samples in line with prescripts of the Minister of Health

• Non-intimate samples include buccal samples taken from under a nail of a person and may only be taken by a police officials with the prescribed training

• Intimate samples, excluding buccal samples may only be taken by a registered medical doctor or a registered nurse

• The Bill provides for the expungement of records in the case where the prosecution decides not to prosecute or where a person had been found not guilty of an offence

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CONTENTS OF BILL

• The Bill provides for the reporting to Parliament in respect of the DNA database

• The Bill also places responsibilities on the National Commissioner to ensure that generally accepted information security practices and procedures are followed

• The Bill introduces a National Forensic Oversight Board comprising of both governmental and non governmental role players

• The Board is also tasked with advising the Minister on reviewing legislation, regulations, policy and protocols relating to the use of DNA

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IMPLEMENTATION OF THE BILL

• An implementation plan has as well been developed in tandem with the Bill

• The implementation plan has been costed and presented to the JCPS Development Committee

• The Departments of Correctional Services and Health were specifically consulted on the plan

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