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Back Capture of DNA Profiles


20 Mar 2023

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Section 75A of the Crimes (Forensic Procedures) Act 2000 (“the Act”) has been put in place to back capture a persons DNA where the person has served a custodial sentence and is then subsequently served with a further court attendance notice for an indictable offence. As set out in the case of Daley v BrownPittman v Brown [2014] NSWSC 144 the subsequent court attendance notice need not be on foot at the time and in fact there is no requirement that the subsequent offence be proven. However, the court should not order the procedure unless satisfied that carrying out of the forensic procedure is justified in all of the circumstances as per s75L of the Act.

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