Government to strengthen DNA investigation laws

Laws on the use of DNA evidence in the investigation and prosecution of serious crimes in Victoria will be strengthened under legislation brought into Parliament today.

Attorney-General Robert Clark said the Crimes Amendment (Investigation Powers) Bill 2013 was another step in the Coalition Government’s reforms to strengthen Victoria’s justice system.

“These reforms to Victoria’s DNA laws improve the tools available to police so they can solve more crimes and track down those responsible,” Mr Clark said.

The Crimes Amendment (Investigation Powers) Bill 2013 will improve the use of DNA evidence by:
•expanding the range of offences for which a DNA sample may be taken from a suspect or offender to include all indictable offences;
•enabling the automatic retention of the DNA profile of any adult suspect subsequently convicted of an indictable offence, or found not guilty by reason of mental impairment;
•simplifying procedures for the destruction of DNA samples and profiles where a suspect is found not guilty; and
•establishing rules for the collection, retention and use of elimination samples from police and forensic teams involved in the processing of DNA from suspects, witnesses and crime scenes.

The Bill will also make important changes to simplify the process police must follow when they wish to speak to a suspect who is already in custody in relation to another matter. The changes will allow police to interview a suspect who is in custody over other, unrelated matters, where the suspect agrees to be interviewed.

Currently, police must seek a court order to do so, which wastes valuable time as well as unnecessarily taking up police and court resources.

Where an offender is convicted, it will be automatic to keep their DNA samples taken as a suspect on file, instead of the police having to apply to the court.

This will reduce the administrative burden on police and ensure a permanent record is kept of these DNA profiles.

“The Coalition Government is determined to repair the damage caused by 11 years of Labor’s soft on crime approach, be it lack of support for police, a head in the sand approach to outlaw bikie gangs, failures in parole, not enough prison beds or weak sentencing laws,” Mr Clark said.

“These laws are another important step forward in ensuring our police have the strong and effective tools they need to better protect the community.”