Thursday, July 30, 2009

WHEN DO I HAVE TO GIVE A DNA SAMPLE TO THE POLICE?

Hantu Laut

The law on consent to give DNA samples or not differ from one country to another.

In UK (United Kingdom)or rather in England and Wales the
Criminal Justice and Police Act 2001 changed this to allow DNA to be retained from people charged with an offence, even if they were subsequently acquitted. The Criminal Justice Act 2003 later allowed DNA to be taken on arrest, rather than on charge. Since April 2004, when this law came into force, anyone arrested in England and Wales on suspicion of involvement in any recordable offence (all except the most minor offences) has their DNA sample taken and stored in the database for 12 years, whether or not they are subsequently charged or convicted.

Malaysia passed the DNA Bill in June 2009 that will force criminal suspects to provide DNA samples. The compulsion would be through a court order.

The one below which is applicable in New Zealand would be close to the Malaysian's requirement.

WHEN DO I HAVE TO GIVE A DNA SAMPLE TO THE POLICE?

 What is DNA?
The human body is made up of millions of cells. Each cell contains DNA and each person's DNA is slightly different. This means that your DNA profile can be used to identify you. For example, if the Police found a hair at a crime scene, using DNA they could work out if it belonged to you provided they have your DNA profile. This is why the Police collect DNA and store it on their DNA database.

 Police powers to take DNA samples
The Police can take a DNA sample in certain situations. They do this by taking a buccal test (done by swabbing the inside of the mouth) or a blood test (usually done by a fingerprick) .

A blood sample can only be taken by a suitably qualified person, like a doctor or nurse. You may take a buccal sample yourself. You can choose which way the sample is taken unless a Judge orders otherwise.
The powers the Police have depend on:
• whether you're a suspect in a specified crime and they have evidence to compare a profile to; or
• if they simply wish to include your DNA profile in their DNA databank.

 If you're a suspect
When the Police are investigating an offence they may take a sample from you only if:
• you are a suspect; and
• the offence is serious enough that it will be determined by a jury (an "indictable offence"); and
• they have reasonable grounds to believe that the sample will confirm or disprove your involvement in the indictable offence.

They either need your permission to take a sample or a compulsion order from the High Court. You can speak to a lawyer about giving a sample at any time.


If the offence is a "summary offence" (for example, common assault or wilful damage), the Police can only take a sample if you give them permission.

 Police requests for a DNA sample
When the Police ask to take a sample for DNA analysis, they must give you a written notice and tell you the following things:
• the offence the sample request relates to;
• that they have reasonable grounds to believe the sample will confirm or disprove your involvement in the offence;
• you do not have to give the sample;
• you can change your mind about giving the sample at any time before it is taken;
• you are able to speak to a lawyer before deciding;
• the sample may be used as evidence;
• if you don't consent to giving the sample, and there is good cause to suspect you committed the offence they are requesting the sample for, the Police may apply to the Court for an order requiring you to give a sample.

If you allow the Police to take a sample, your consent must be written and signed or recorded on video. At any stage before the sample is taken, you can withdraw your consent just by saying so.

If you're between 14 and 17 years old, the Police will need both your permission and permission from one of your parents. If you're under 14, the Police may ask you to give a sample but they cannot make you give one unless the offence they are relying on is manslaughter or murder. If the offence they are investigating isn't one of those, the only way they can get a sample is if you let them. They can only take a buccal sample in this case.

 Compulsion Orders
If you refuse to give a sample, the Police will need to apply to the High Court for a compulsion order to take a DNA sample. A notice must be sent to you by the Police telling you they have applied to the Court and you are able to give evidence to the Court opposing the grant of the order.

The two guys from DAP who refused to give their samples can't escape.The police can get a court order to compel them to provide the samples.

5 comments:

eddy said...

Picture this. Teo Beng Hock dies and DAP and their cohorts screaming murder, MACC responsible, Police also and by extension PM Najib also. DAP demand for Justice for Teoh Beng Hock.

Inquest starts the court was told that DNA from two different persons were detected from a piece of clothing worn by the deceased.
One of the DNA profiles matched Teoh's blood specimen and the other to an unknown male individual.

Another DNA profile derived from a swab taken from the torn region of a waist belt worn by Teoh also consisted of a mixture of male DNA types. One of them also matched Teoh's blood stain specimen, while the other belonged to an unknown male.The inquest was also told that two people had refused to give their DNA samples to the police.

Police inform that they have taken 102 voluntary samples from individuals BUT two persons refused to have their samples taken, these two now claimed that they have been advised by their party's lawyer(from DAP) not to give the samples unless ordered by the coroner. So how? These are the same DAP members who purportedly wants justice and they are the same group of people who are putting obstructions along the road to find the truth of Teoh Beng Hock's death.

Tan and Lee who are DAP members should not take refuge behind the Law and need not delay to give DNA samples to the police if they have nothing to hide.T

DAP started off to capitalise politically on the tragic death of a young man and went to town with PKR and PAS with their speculations. I think now that the music have stopped, DAP is the only one without a chair to sit on.

note: Did you notice how squeaky quite Pakatan mouthpiece, Malaysiakini is on Tan and Lee.

donplaypuks® said...

"He (Gobind Singh)also clarified that the two persons who have yet to give their DNA samples were only informed on Tuesday afternoon, and that he was sure they would cooperate if police were to call them again." The Sun 29/07/09

"Duo will give DNA for Teoh inquest, says Gobind". MI 30.09.07

It's all a bit academic since no one is refusing and the 2 guys were asked by Police Tuesday afternoon, a day before the Inquest and the quotes in other MSM all differ.

dpp

eddy said...

From the sun yesterday 30 July 2009;

Boon Hwa to provide his DNA sample in 2 days: Gobind

PETALING JAYA (July 30, 2009): Kajang Municipal Councillor Tan Boon Hwa who failed to provide his DNA sample for the Teoh Beng Hock's inquest on Wednesday, will do so within two days, said his lawyer Gobind Singh Deo, who is also acting for Teoh's family.

In a press conference today at the DAP headquarters, Gobind reiterated that witnesses Tan and Lee Wye Wing are willing do give full cooperation to the authorities in uncovering the truth behind Teoh's death.

He clarified that Tan had to attend the inquest on Wednesday when he was summoned by the police to provide his DNA sample in the morning.

He said once he can reach the investigating officer who summoned Tan for the sample, he will bring Tan to the police station for his DNA sample to be collected.

As for Lee, an employee of the company that supplied flags to a state government project, Gobind said he is currently overseas and once he returns, he will get him to give his DNA sample.

At the Teoh death inquest on Wednesday, government-appointed lawyer Tan Hock Chuan had told the coroner's court that two people, who he did not name, had refused to give their DNA sample to help police find a match for the DNA trace of an unknown male found on Teoh's body.

-----------------------------------

So much statement on Mr Lee's whereabouts, some say he is already back, some say he is still in China, which is which?
Interesting that Lee left for China on the Day that Mr Teoh died and has not come back since as confirmed by Gobind. I do hope that he comes back and not run away, China is a huge country to get lost in literally.

Nice to indulge in wild speculation once in a while, it is not just the monopoly of the DAP,PKR and PAS only.

SM said...

I guess the MSM will make a big issue out of this to "screw" the DAP bah. The duo did not refuse to give the DNA lah.

chaptokam said...

Is this true ??

Lim Kit Siang: Ronnie Liu no more candidate for GE13
Our sources say Lim Kit Siang told some DAP people that Ronnie Liu will not be a candidate for DAP in the next general election. The evidence of corruption and underworld connection involving Ronnie Liu is too strong. Until today the DAP has not answered YB Wee Choo Keong's accusation that Ronnie Liu and Theresa Kok are involved with underworld figures.

Yesterday Ronnie Liu also make a statement to Malaysiakini. In this statement Ronnie makes a big mistake. He confess that the information exposed by T4TBH Blog is true. This is what Ronnie Liu say:

"Liu: I'm under seven-front attack

Malaysiakini Jul 30, 09 11:12am

Selangor state executive councillor Ronnie Liu claims he is facing a seven-front assault from within and without the DAP because he is considered too outspoken.

He alleged in Tuesday's Chinese press that those involved come from the ranks of the police, the Malaysian Anti-Corruption Commission, the Barisan Nasional as well as former Selangor Menteri Besar Mohd Khir Toyo, aside from some within the three-party Pakatan Rakyat."

At the end the Malaysia kini report say:

"He suspects that this blog, which accused him and another exco member Ean Yong Hian Wah of abusing their constituency allocations, may be the doing of the MACC, since they are the ones who possess such information."

What information Ronnie? You say this blog gives false information. Now you say the MACC is leaking such information since "they are the ones who possess such information".

Those words have slipped out of your mouth. It means you are afraid now that someone like MACC may possess such information and are leaking it. This means Ronnie Liu agree the information is correct and not false.

The documents in this blog are hard and soft copies given by Teoh to us. It now means that the information here is true. It is not false information.