DNA Bill set to drastically improve rate of murder and rape convictions
If the South African DNA Bill is passed, it will allow for the creation of a national DNA database by taking non-intimate DNA samples from suspects will help police to find criminals responsible for unsolved murders or rapes when they are arrested for other offences
Members of Parliament in South Africa are working to get the DNA Bill, aimed at reducing crime, passed as soon as possible.
If the DNA Bill, officially known as the Criminal Law (Forensic Procedures) Amendment Bill, is passed, suspects, instead of providing their fingerprints, will have to give DNA samples when arrested. Their DNA data will then be stored on a national database.
The bill also aims to improve the DNA capturing, transporting and storing processes to ensure samples are not lost or contaminated.
Advocacy groups hope that the procedure will have a profound impact on fighting crime and improving conviction rates, as it will help detectives find criminals responsible for unsolved murders or rapes when they are arrested for other offences.
The DNA bill was approved by Cabinet in April 2013, formally introduced into Parliament on 8 May, and has now been referred to the Portfolio Committee on Police for review between 13 and 21 June.
The DNA Project, a non profit organisation campaigning for the bill, says that the methods of obtaining DNA samples are not much more invasive than having a breathalyser taken on suspicion of drunken driving. The DNA Bill would allow police officers to take non-intimate DNA samples from arrestees and convicted offenders. Intimate DNA samples include samples of blood, semen or other tissue fluid, urine, pubic hair, dental impressions or swabs taken from a body orifice other than the mouth. A non-intimate DNA sample means a sample of hair (excluding pubic hair), swabs taken from the mouth or under the nail, as well as a sample of nail and saliva. A specially trained police officer would get a sample for instance, by swabbing the inside of the suspect’s mouth.
The bill simultaneously aims to protect the rights of individuals and their privacy. “[It]has been carefully drafted to ensure that the DNA Database is maximized to its full potential in combating and preventing crime in South Africa, whilst still ensuring that it has minimal impact on the civil rights of its citizens,” according to the DNA Project.
However, Adeline Shezi from the SA Police Forensic Services expressed concerns about possible costs of the bill’s implementation: “Looking at the magnitude of what needs to be in place, infrastructure wise, personnel wise…it is some huge amounts in the solving of crime. So I cannot even estimate how much this bill could cost the people of the country, but it may be very expensive,” she said.
In the UK it is legal to take non-intimate DNA samples without an arrestee’s consent, and to take intimate sample by a qualified nurse or doctor with a suspect’s written consent.
At the beginning of June, the US Supreme Court allowed police to take DNA samples from people arrested for serious crimes. Defendants may be swabbed only after they have been indicted by a grand jury or a judge found probable cause for the charges at a preliminary hearing.
