ANNEXURE B to the DNA Project’s Submission on the Criminal Law (Forensic Procedures)
Amendment Bill [B2-2009]
Proposed Implementation Strategy
IN ORDER TO EXPAND AND DEVELOP SOUTH AFRICA’S NATIONAL DNA DATABASE (“NDD”)
THE FOLLOWING KEY FACTORS NEED TO BE ADDRESSED:
1.
LEGISLATION
2.
CAPACITY
3.
EDUCATION:
(i)
POST GRADUATE QUALIFICATION
(ii)
DNA AWARENESS TRAINING
In conjunction with the above key issues, the DNA Project proposes that SA needs to convene a body of
strategically placed people who will develop a DNA Expansion Strategy that will oversee and co-ordinate
the activities required to meet these objectives. In addition, a large investment needs to be made by the
SA Government to ensure that these key objectives are met and to enable the significant benefits of a
NDD to be achieved.
What are the benefits of a NDD?
As stated in the DNA Project’s submission, “A National DNA Database should become one of the most
visible aspects of SA’s Forensic Science Laboratory’s (“FSL”) Strategies.” To this end, this annexure
suggests ways in which to ensure that the size of the SA DNA Database is increased and supported in
order to maximise it potential as a Criminal Intelligence tool. It is proposed that this can be achieved by
amongst other, analyst training and continuing crime scene education; the purchase of additional
upgraded laboratory and computer equipment and supplies; scientific validation and implementation of
new forensic technologies; forensic lab facility additions and modifications; contractor-provided services
for assistance in implementing new capabilities and outsourcing of the casework to streamline &
accelerate processes.
Underpinning all of the above is the enactment of DNA specific legislation that will govern the upliftment,
processing and retention of DNA Profiles on the NDD.
INCREASING CAPACITY: OUTSOURCING CASEWORK RO STREAMLINE PROCESSES
The current capacity for DNA profiling in SA will be exasperated by any future demand to process more
DNA profiles required by law, and it is therefore critical that options to enhance and improve capacity are
considered.
In the event that legislation is amended, which will allow for the upliftment and retention of a convicted
offenders DNA Profile as well as allow a police officer to uplift a DNA sample via a buccal and/or a finger
prick from all arrestees, there will be an immediate capacity issue in respect of our current FSL’s being
able to process these samples.
In order to accelerate the analysis of convicted offender samples and suspect samples collected by the
SAPS, it will be necessary to consider outsourcing, at the very least, the processing of the convicted
offender profiles in order to avoid adding to the backlog, which already exists in the FSL.
If a policy were passed which allows the private vendor laboratories to assist the FSL, the new vendor
labs would have to undergo a qualifying procedure that includes a DNA audit to ensure that the minimum
standards have been met. Upon approval, these vendors would complete the FSL’s samples analysis
which will set out the minimum standards required for this purposes. A large number of private vendors
have already come forward to offer their services for this purpose and once certified, will be immediately
ready to process additional DNA profiles on behalf of the FSL. [Note : this will not include Crime Scene
samples, which will always be handled by the SAPS due to chain of custody issues].
EDUCATION: To develop a Forensic Biology Qualification:
Currently in South Africa there is no specific training course for forensic biologists. Forensic biologists (or
analysts) currently employed by forensic laboratories have Bachelor of Science degrees in related
biological fields such as: microbiology, genetics, molecular biology and biochemistry.
These non-specific training routes have a negative impact on the effective functionality of the National
Forensic Laboratories of South Africa. Reasons for the negative impacts include:
a) Students with BSc degrees* (in microbiology, genetics, molecular biology and biochemistry )do not
have the appropriate applied and technical training in forensic science;
b) Students* do not intend to become forensic biologists and enter the field merely because of
employment opportunities;
c) Students* require extensive supplementary training to develop their technical skills before they are
competent to work in National Forensic Laboratories. These delays in additional training can take up
to six months and cost the FSL over R350 000 per student in training expenses.
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d) Staff of the National Forensic Laboratories sacrifice their valuable time in order to ensure the
competence of these under trained employees, where there is no guarantee of their long term stay at
the Labs, despite the enormous investment given to each student by the FSL.
The DNA Project together with the FSL and the support team for the OCJR have agreed on a national
objective to develop a group of competent, professional personnel to perform fast and accurate forensic
science examinations that will additionally assist the courts of law to ensure crime resolution. To meet this
objective an Honours Degree aimed at training persons with specific skills in forensic DNA analysis has
become a matter of urgency. This can be achieved by developing learning materials for a qualification in
Forensic Biology, specialising in DNA analysis. The qualification will allow the forensic science fraternity
to provide a more effective DNA analysis service that will improve community satisfaction and position the
Forensic Science Laboratories to fulfil their mission of creating a safe environment for all who live in
South Africa.
With respect to the qualification specialising in DNA analysis, qualifying learners will, amongst other, be
able to:
1. Apply current legislation, regulations, standards and ethics in performing forensic
examinations.
2. Apply scientific principles in forensic biological examinations.
3. Gather, preserve and present evidence and information in support of forensic examinations.
4. Perform forensic examination on exhibit material.
The DNA Project is developing the abovementioned Course Material in conjunction with the OCJR
Support Team and the FSL. This process will be completed during 2009. To support this initiative, The
DNA Project has agreed to fund the development of the learning materials in its entirety and to thereafter
cede the copyright back to the SA Government for use by tertiary institutions. Suitable Service Providers
will in the interim be identified to deliver the Qualification, which is hoped will commence in 2010.
EDUCATION: DNA AWARENESS TRAINING - TO EDUCATE THE LOWER LEVEL POLICE
OFFICERS, PUBLIC AND OTHER AREAS OF CRIME SCENE INVESTIGATION IN THE
CONTAINMENT OF A CRIME SCENE AND COLLECTION OF EVINCE FOR DNA PROFILING :
THE RECOVERY OF DNA FROM A CRIME SCENE is the first step towards an effective NDD – without
addressing the end to end process of collection of the DNA samples, the long term goals of an expanded
NDD are thwarted. It is therefore critical to ensure that police forces tasked with attending crime scenes
must be trained in order to improve their collection rates of DNA at crime scenes.
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In order to understand the purpose of DNA awareness training it is helpful to look to the UK experience in
this area:
When the UK National DNA database (“NDNAD”) was launched in 1995 it was anticipated that 35,000
DNA reference samples would be processed in the first year. The reality was that the UK police submitted
over 135,000 samples. This showed the perceived value this ‘new’ forensic tool had to assist the police
and Criminal Justice Systems with criminal investigations. To support the change in the processes
required by the introduction of the NDNAD, the UK’s Forensic Science Services (“FSS”), in partnership
with the Association of Chief Police Officers (ACPO), National Police Training Centre (NPTC) and the
Home Office, developed and delivered a programme of training designed to:
• Increase the understanding of the power of DNA profiling to assist a police investigation;
• Inform the police of the legislative changes and their increased powers and responsibilities;
• Provide practical training in the collection of potential DNA evidence from Scenes of Crime;
• Provide practical training in the collection of samples from individuals using specific DNA ‘kits’;
• Make the police aware of the expected outcomes of DNA profiling
• Emphasise the precautions required to minimise the potential for contaminating DNA samples (personal
protective clothing, anti-contamination procedures, packaging, sample storage and chain of custody
issues).
In partnership with the NPTC a high level training strategy was devised to ensure that:
1. A team of senior police trainers were trained as “programme champions”;
2. Specialist training programmes were designed for Scene of Crime Officers, as these were the staff
most likely to encounter potential DNA evidence;
3. A training programme was designed for front line or ‘First Attending’ police officers
4. Training packages were created to support the delivery of training to local police training teams;
5. Training materials and protocols were created to support ‘First Attending’ police training needs;
6. A ‘reinforcement strategy’ was developed such that all new police recruits were exposed to a DNA
training programme during their training and multimedia learning materials made available throughout the
UK to allow the front line officers to refresh their understanding and skills;
7. An FSS training team was created to support this training programme and its objectives.
As part of this reinforcement strategy, the FSS training teams developed a mobile training solution in
the form of a Training Bus which toured major police sites over 18 months allowing ‘First Attending’
police officers and other specialists access to the training materials and the DNA ‘experts’. These
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solutions included the provision of a mobile classroom based on a 7.5 ton truck i.e. the “Training Bus’ and
the provision of a ‘fixed’ classroom environment.
How would the above programme work in South Africa?
The lack of training facilities throughout South Africa poses a huge problem as does the lack of training
“champions” and course material & protocols. The implementation of a Training Bus in conjunction with
training material, being a mobile training facility not only overcomes all of the above challenges, but raises
awareness throughout the country as to the purpose of the training – the Training bus will be a very visual
and will no doubt attract attention as it completes its road show. The bus can thereafter be used for
training of higher level Police Officers, Court officials, Private Security Companies and Emergency
Services and for the general public in DNA Awareness. Training material could be printed and handed
out in basic crime scene preservation and the bus itself will have the multiple functionality of being able
to present the course in the official language of choice, due to the multi-media training facilities installed
on board the bus.
What would the benefits be vis-à-vis the DNA Project’s aim to expand and develop the DNA
Database?
In the longer term, as a result of the introduction of DNA profiling and the power of a National DNA
Database as a Criminal Intelligence Tool, the UK has seen a significant impact on overall crime rates,
particularly in those offences classified as volume crime (burglary and car crime). Every week in the UK
suspects arrested for relatively minor crimes are being matched, by the use of the NDNAD, to DNA
evidential material PROPERLY recovered from undetected homicides and serious sexual offences. (Note
that the career path of a criminal does not necessarily start with serious violent crimes, but often with
minor crimes, which is why it is so important to ensure the early collection and retention of DNA profiles is
achieved: this not only increases the size of the database, but promotes deterrence at an early stage of
the criminal’s “career”).
The investigative power of these techniques cannot be ignored which is why DNA Awareness training is
so important in SA. We need to look at sustaining the programme from the bottom up as well as the top
down.
The benefits shown by administering the above training programme have been:
• Increased police submissions of DNA samples from crime scenes and suspects;
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• Increase in the quality of police submissions;
• Decrease in number of samples being rejected for administrative failures;
• Decrease in number of DNA samples failing to give DNA profile;
• Increase in understanding of the need for proper packaging, storage and chain of custody of DNA
evidence;
• Increased police understanding of legislative issues and the changed police processes;
• Rapid development in the size of the National DNA Database;
• Increase in the impact of DNA profiling on crime detection and deterrence.
The successful introduction of DNA Awareness Training in SA should ideally be in two phases:
a. The South African Police Service working in partnership with a DNA Expansion Strategic Board to
design and deliver an equivalent training bus incorporating a multi level DNA training programme. To
this end the DNA Project has already drafted a Business Plan for the construction and
implementation of a Training Bus in SA, which Business Plan is being supported by corporate
sponsors in SA which believe that this is an excellent training solution. It is envisaged that these
mobile training busses will house the training protocols currently being developed by the OJCR.
b. The construction of the training bus/ses will take place over an agreed period of time and in
conjunction with the sponsors of the training busses and OCJR and the implementation of a Road
show will be agreed with the OCJR.
CONCLUSION
Currently in SA, whilst there exists a NDD, it is not being used to optimum levels which would potentially
allow it to be exploited as one of the most powerful crime resolution and prevention tools available to it.
Increasing the size of the database through the implementation of the strategy outlined above, will result
in a reduction in crime and an increase in crime detection as the NDD will provide the police with useful
DNA intelligence by linking DNA evidence found at crime scenes to offenders DNA on the Database.
A significant investment by the SA Government will allow a DNA Strategic Board to respond to this
commitment which in turn will:
 Accelerate the number of profiles loaded onto the NDD;
 Allow the NDD to hold a DNA profile for all active offenders
 Increase the intelligence value of the database
 Ensure that newcomers to crime have their DNA added to the NDD as soon as possible, thereby
limiting the rate of recidivism at an early stage.
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END.
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