New DNA powers for police in force

A forensic scientist from the ESR retrieves a small DNA sample from the seat of a stolen car. File photo / Richard Robinson

Police can now collect DNA at the same time they take fingerprints from people they intend to charge and match it against profiles from unsolved crimes, Justice Minister Simon Power says.

Previously they could only take DNA samples after conviction but that was changed by the Criminal Investigations (Bodily Samples) Amendment Act, which was passed by Parliament in October last year and came into force today.

The new powers in the Act are being implemented in two stages, and today's measures are stage one.

Police can take DNA samples when they arrest someone and intend charging them with an offence punishable by more than seven years imprisonment, and offences such as peeping and peering which can be related to more serious sexual offending.

"Until now, DNA could be taken only with consent, or where there were judicially-approved suspect orders or police-issued compulsion orders, and only after conviction," Mr Power said.

"This law will enable police to take full advantage of this modern-day fingerprint in order to solve cold cases and I have no doubt it will be a critical tool in the fight against violent crime."

The DNA databank holds about 110,000 profiles, and more than 8000 of them are unidentified profiles from crime scenes.

Mr Power said it was forecast that under stage one about 4000 more samples would be taken each year, resulting in 2800 links to the crime scene database.

Stage two starts in the middle of next year, when police will be able to take DNA samples for all imprisonable offences.

There will be a review of the legislation before then.

Under the law that came into force today there is a provision that samples of people not convicted will be destroyed.

Mr Power said police had developed guidelines to avoid any arbitrary or unreasonable use of the new measure.

- NZPA