THE CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL ['THE DNA BILL']

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THE CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT
BILL 'THE DNA BILL'

• Nick Olivier Pierre Joubert
• Strategic Investigations and Seminars (Pty) Ltd

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FORENSICS4AFRICA

• Operational division of Strategic Investigation
  and Seminars (Pty) Ltd
• Vision - To be the preferred forensic service
  provider
• Registered and accredited as a service provider
  with
• SASSETA - Safety and Security Sector Education
  and Training Authority ID 081985269877
• FASSET - Finance, Accounting, Management
  Consulting and other Financial Services - ID
  585/01354/12.

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QUALIFICATIONS

• Offer SAQA Accredited qualifications in
• Resolving of Crime (NQF 5) ID 59989
• Forensic Science (NQF 5) ID 57651
• Forensic Biology (NQF 6) ID 57977
• Fraud Examination (NQF 7) ID 67269
• Offer accredited short courses
• Online short courses

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CURRICULUM OF FORENSIC BIOLOGY

• Presumptive testing of body fluids
• DNA Extraction to the DNA Profile
• Reporting Statistics
• Crime Scene Reconstruction
• Introduction to Research
• Quality Management System
• Present evidence in court

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GENERAL COMMENTS

• Supports the introduction of the CRIMINAL LAW
  (FORENSICS PROCEDURES) AMENDMENT BILL and its
  promulgation into law as a matter of extreme
  urgency to help fight crime in our country
  applicable to, amongst others
• identification of serial offenders
• Linking of perpetrators to different/other crimes

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GENERAL COMMENTS

• An effective DNA database is dependent on the
  following
• Proper legislation
• Type of reference sample

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SAMPLES FROM NAILS

• Section 1(e)(fG) sample take from ..from the
  nail or from under the nail of a person..
• Per definition a non-intimate sample
• Sample should be taken by a trained person
• Could contain evidence ? Crime Index
• Submission
• It should be clear that the sample taken from the
  nail or under the nail should not be used as a
  reference sample

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AREA FOR TAKING OF A BUCCAL SWAB

• Section1(g)(a) ..takes a buccal swab..in a
  designated area deemed suitable for such purpose
  
• Normally inside a building
• Outside a building, eg. a roadblock
• Value of a DNA database
• person is arrested for a driving offense and due
  to a comparative search on the DNA database links
  this person to a serious offense
• Our submission
• A designated area as referred to in section
  36A(5)(a) be defined as a designated inside or
  outside area deemed suitable for such purpose

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SUSPECT INDEX

• Section 2 36D (a) .buccal swab be taken
  ..person arrested for any offence referred to
  in Schedule1.
• Suspect a person not yet cleared by the
  investigation of SAPS
• Not all suspects may be arrested.
• Comparative forensic DNA search on the DNA
  database might not be allowed
• Illegal DNA matches - not reported

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SUSPECT INDEX

• Our submission
• (i) Taking a buccal swab from a suspect must
  be included in Section 36E.
• (ii) Creation of a SUSPECT Index
• (iii) Comparative search of any DNA profile
  against the SUSPECT Index
• (iv) Same principles applicable as in section
  15Q(a)

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EXISTING (OLD) DNA DATABASE

•  Section 15G(7) - Establishment of a national
  forensic DNA database
• SAPS implemented STR technology in 1998
• Existing DNA database contains DNA profiles
  derived from suspects, arrestees, volunteers,
  (victims laboratory personnel) and crimes
  samples
• Our submission
• DNA profiles on the existing DNA database be
  incorporated on the new national forensic DNA
  database and managed as determined by legislation

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ELIMINATION INDEX

• Section15L (1)(c) The Elimination Index shall
  contain forensic DNA profiles from any person
  . manufacturing of consumables
• majority DNA consumables purchased from companies
  abroad and not from local companies
• Our submission
• To add the words where possible in the sentence
  of Section (c)

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DESTROYING OF REFERENCE SAMPLES

• Section 15P(1) . Bodily sample taken not
  relating to crime scene sample .. be destroyed
  within 3 months .
• Section 15Q(a) DNA profiles in the Arrestee
  Index must be expunged within 3 years .
• Typing error?

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DESTROYING OF REFERENCE SAMPLES

• Our submission
• (i) The DNA profiles in the SUSPECT and the
  ARRESTEE Indexes must be destroyed within 3
  months after been notified.
• (ii) All DNA samples (DNA extract, Quantified-
  amplified DNA) of such an individual must ALSO
  be destroyed

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PRIVATE SERVICE PROVIDERS

• Populated ARRESTEE Index as soon as possible
• Capacity for analysis of all arrestees?
• Private Service Providers could assist
• 600 000 samples annually
• Only buccal swabs
• NOT crime samples
• Same principles and procedures as SAPS
• Re-typing by SAPS after a DNA match

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FORENSIC OVERSIGHT BOARD

• Section 15Y(f) . A total of two
  representatives appointed by non-governmental
  organisations ..
• Forensics4Africa employs DNA experts who will be
  able to contribute substantially to the
  proceedings of the Board
• Requests that Forensics4Africa be considered to
  take up one of the two seats mentioned

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OPERATIONAL DATA

• Lecturers gt100 years experience in field of
  forensic investigative sciences
• Qualified Assessors and Moderators
• Enrolled students gt 600
• Recognition of Prior Learning of SAPS members
  gt300

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SCIENTIFIC EXPERTISE
Adéle Strydom Jane Wright Pierre Joubert
Qualification PhD PhD BSc Honours
Expertise Genetics Phylogenetics Forensic Biology
Experience 16 years 16 years 31 years
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Thank You