Crime and Criminal Justice Department

Transcription

1 Force Policy & Procedure Reference Number DNA - Deoxyribonucleic Acid D177 Policy Version Date 25 May 2017 Review Date 24 May 2018 Policy Ownership: Crime and Criminal Justice Department Portfolio Holder: ACC Vulnerability & Crime Contents: 1. Policy Statement 2. Introduction 3. Principles and Procedures 3.1 Types of DNA Samples 3.2 DNA Hits 3.3 CJ Sampling Policy (For the NDNAD) 3.4 Crime Scene Investigators (CSI) Working Practices 3.5 Statistics 3.6 Complaints against the Police 3.7 Intelligence Led (Mass) Screening 3.8 Police Personnel Elimination DNA Database 3.9 Interpol DNA Database and Exchange of DNA Profiles 4. Assessment Compliance 5. Review and Ownership 6. Useful Links 1. Policy Statement 1.1 Devon and Cornwall Police aims, by working together as one team, to safeguard communities and neighbourhoods, detect and prevent harm, protect the vulnerable and reduce crime. Acting in accordance with the Code of Ethics and Force standards of behaviour to provide a sustainable and resilient high quality service to the public. 1.2 As part of this aim the Force is committed to the prevention and detection of crime the protection of vulnerable communities and preserving the rights of individuals. In pursuit of these commitments it is the intention of Devon and Cornwall Police to utilise the National DNA Database (NDNAD) to its greatest advantage, taking the

2 opportunity to sample all suspects of recordable offences not previously loaded on the Database or to gain a PACE sample rather than a pre-pace sample or a DNA-17 where required. DNA Crime Scene Stains will also be seized and submitted in order to ensure we obtain the maximum number of DNA hits possible. 1.3 The obtaining, exhibiting, management and submission of DNA samples will be undertaken in a professional and ethical manner and within the confines of those provisions as set out in legislation. 1.4 In the application of this policy staff are reminded of the need to comply with the standards and principles of the Code of Ethics for Policing. 2. Introduction 2.1 The NDNAD is maintained by a tri-partite group composed of representatives from the National Police Chiefs Council (NPCC), Association of Police and Crime Commissioners (APCC) and the Home Office. External contracted and accredited Forensic Service Providers are used to profile DNA samples for England and Wales Police Forces that are then loaded to the National DNA Database. 2.2 What is DNA? DNA (Deoxyribonucleic acid) is a complex chemical which is found in virtually every cell in the body and which carries genetic information from one generation to the next. Except for identical twins, each person's nuclear DNA is unique. 3. Principles and Procedures 3.1 Types of DNA Samples Crime Scene Stains A crime scene stain is a sample of biological material collected from a crime scene, normally by Crime Scene Investigators (CSIs). If there is no immediate suspect the material is forwarded to a forensic service provider (FSP) for profiling and loading to the NDNAD. These profiles are continually compared to other crime scene stain profiles and nominal profiles held on the NDNAD and those that match result in a 'DNA HIT', see section 3.2. If there is a suspect, a DNA sample may be taken from this individual to directly compare with the scene stain Crime scene stains and subsequent results are processed by the South West Forensics (SWF) Forensic Submissions Unit based at Middlemoor Criminal Justice (CJ) Act Sample (Taken on a PACE DNA kit) A DNA CJ sample (preferably mouth swab but may be hair) is one which is taken on a PACE kit from a person who is arrested, charged, summonsed, warned, cautioned, reported, bailed or reprimanded for a recordable offence. All PACE

3 kits are submitted for profiling via the SWF Custody Sampling Team or the Forensic Submissions Team, Scientific Services Unit, Middlemoor, via the custody courier who collects them sealed into bags with accompanying completed continuity forms each week day. Samples are forwarded to Cellmark Forensic Services by courier twice weekly. The samples are profiled and loaded to the NDNAD. Profiles are linked to the crime for which the person supplying the DNA sample is arrested for a recordable offence and has been cautioned, summonsed, warned, reported, reprimanded or bailed via the PNC record.

4 The PNC status of the sample will change to 'profiled' or 'confirmed' once the profile has been loaded to the NDNAD. Suspects whose DNA status is either 'profiled' or 'confirmed' on PNC need not be re-sampled on subsequent arrests for recordable offences unless a direct evidential comparison is required between a suspect and DNA material obtained from the crime scene or PNC instructions indicate to take another sample or there are likely to be forensic lines of investigation or the offence is a sexual offence or a major crime PACE kits submitted for profiling contain two DNA CJ samples per person, if the first sample fails to produce a profile the second is used; the second sample or B scrape is destroyed in line with Protection of Freedoms Act 2012 (PoFA) regulations if a profile is successfully derived from the first sample unless the profiling laboratory (Cellmark Forensic Services) have been advised by SWF Custody Sampling or Forensic Submissions Team the offence is a major crime or a sexual offence in which case the second sample is retained under the Criminal Procedure and Investigations Act 1996 (CPIA) in the event that specialist DNA work is required to be undertaken. Samples retained under CPIA are reviewed quarterly and destroyed when the investigation is closed or that it is clear the second sample will not be required As a result of the PoFA for a person has been acquitted or no further action (NFA) is taken against them in respect of an offence, and who has no previous convictions, the profile can now be lawfully held on the NDNAD; however the profile will be subject to a single speculative search of the NDNAD prior to deletion. For profiles where a DNA hit is derived from a single speculative search the profile will be retained on the NDNAD by the application of an Under Investigation flag on the PNC until the investigation is complete whereby the profile will be deleted or retained depending on the outcome The SWF Custody Sampling Team based at HQ Middlemoor forward the samples to Cellmark Forensic Services. The resultant profiles are loaded onto the NDNAD where they are automatically searched against: a) all other PACE CJ samples and those CJ samples taken prior to May 2005 on DNA1 non-evidential kits, and b) all crime scene stains on the database at the time or loaded later If there is a match against another sample or scene stain this is reported as a 'DNA hit', (see section 3.2) by the Forensic Submissions Team CJ samples on the NDNAD taken on DNA1 kits prior to May 2005 are for intelligence and can provide grounds for further investigation and possible arrest. Such CJ samples taken for the NDNAD cannot be used for evidential purposes, except under exceptional circumstances. CJ samples on the NDNAD taken using a PACE kit beginning with 96 and above or a 3 can be used for evidential purposes. This means that where a hit occurs between a crime scene stain and a PACE DNA profile no further sample is required from the suspect to confirm the hit, which is notified as a Streamlined Forensic Report (SFR) or an Abbreviated Statement. This is possible because PACE DNA samples are taken under evidential conditions.

5 The pre-existence of a PACE DNA sample on the NDNAD may be checked by examining the PNC record for the suspect, i.e. access the front page of the record then type DN and this will link to the sample history page. Any samples with a barcode beginning 96, above 96 or 3 have been taken using a PACE kit Processing and submission of CJ samples to Cellmark Forensic Services is undertaken by SWF Custody Sampling Team: subsequent search results are dealt with by Forensic Submissions Unit Further details can be obtained from Custody Sampling Team and Forensic Submissions officers Elimination Samples Elimination samples are taken for the purposes of eliminating non-suspects (or potential suspects who have not been arrested/reported) from an enquiry. Samples are obtained using the Elimination DNA sampling kit. These samples have barcodes beginning 5 (for current version of Elimination card use Useful Links at Section 6 below) Elimination DNA profiles are only compared to DNA profiles obtained from that specific investigation and are not routinely loaded to the NDNAD. Elimination DNA samples are destroyed at the end of an investigation Volunteer Samples Volunteer DNA sampling In certain circumstances, previously unsampled registered sex offenders, kinship volunteers, potential vulnerable victims or as part of a missing persons enquiry, it may be appropriate to obtain a DNA sample from a volunteer and the resulting profile be compared to DNA profiles held NDNAD There are three types of volunteer sample; 1. Vulnerable Volunteer sample; 2. Kinship Volunteer sample, and 3. Sexual Offender Volunteer sample. All are taken using the Elimination DNA Kit but the Elimination consent form should be discarded and replaced with the consent form for which the sample is being taken. The forms are printed from the suite of forms and documents on SharePoint site via Useful Links at Section 6 below Officers should contact SWF Forensic Submissions Unit prior to arranging to take a DNA sample from a Volunteer Vulnerable Persons DNA Database (VPDD) The VPDD has been created to store DNA results from DNA samples obtained from vulnerable individuals (who are at some risk of harm and/or going missing) and individuals who are considered vulnerable by: a parent, a guardian, an appropriate adult such as a police officer or a court Examples could include any individual at risk of harm such as a person at risk of honour based violence (HBV), sex workers and those at risk of sexual

6 exploitation, the mentally ill or where a Law Enforcement Agency (LEA) considers the individual at risk. These examples are not exhaustive. Please note this may include children under the age of The VPDD is a partition of the records held on the NDNAD but has the same level of security and control as the NDNAD A profile retained on the VPDD will only be searched on the NDNAD when authorised to do so by: the Chair of the NDNAD Strategy Board (or nominee of the Chair) and by the Senior Investigating Officer (SIO) or the equivalent SWF senior Manager of the owning LEA for the specific purpose of identification and/or the prevention or detection of crime. Until such authorisation is received, profiles on the VPDD will remain dormant and not activated for a NDNAD search. Such a request should only be made when the individual at risk has been notified to the LEA as being missing and/or believed to have come to harm At this stage, the SIO or equivalent SWF senior Manager can also request that this profile is also loaded onto the Missing Persons DNA Database (MPDD). For further guidance, please contact the UK Missing Persons Bureau (telephone or missingpersonsbureau@nca.x.gsi.gov.uk) For further advice officers may contact SWF Forensic Submissions Unit for advice prior to arranging to take a DNA sample for VPDD purposes It is recommended that buccal swabs are taken from the Vulnerable Person at the point of request. The LEA may/can then store the buccal swabs, or submit for DNA profiling and inclusion on the VPDD DNA profiles obtained for VPDD will be reviewed on a two year basis to ensure appropriateness of their continued retention on the VPDD. The review will be initiated by the National DNA Database Delivery Unit (NDU). 3.2 DNA 'Hits' The aim of the NDNAD is to store and automatically compare all the profiles of CJ samples, Intelligence led screening samples (where informed written consent has been given) and crime scene stains. When a match occurs, a hit is reported. There are 3 types of hit. a) Person to Crime Scene / Crime Scene to Person. b) Person to Person. c) Crime Scene to Crime Scene The NDNAD notifies the sampling Force and crime scene Force of any DNA 'hit' which relates to one of their nominals or one of their crimes Where a hit has been received from a search the Forensic Submissions Unit will interrogate the PNC to ensure the person DNA Profile is lawfully held before notifying the hit.

7 3.2.4 The Forensic Submissions Unit will update UNIFI and SOCRATES with the hit details and either generate a Streamlined Forensic Report (SFR) or request an Abbreviated Statement where required. They will also update the Forensic Investigation Quality Supervisor (FIQS) spreadsheet with details Further advice and guidance relating to DNA matters can be obtained by contacting the SWF Forensic Submissions Unit Partial/Mixed Profiles It is possible to have a DNA 'hit' that is only a 'Partial Profile' or Mixed Profile or both A Partial/Mixed Profile hit result comes from profiled CJ samples hitting crime scene stains that have not produced a full profile or are a mixture of profiles from two or more persons. Such stains may lead to a number of individual CJ samples being linked, thereby providing a hit list of several possible offenders The evidential value of partial/mixed identifications may be increased by the Forensic Service Provider Reporting Officer (Scientist) applying a Statistical Evaluation using a complex software tool Further details can be obtained from the SWF Forensic Submissions Unit SGM / SGM+ / DNA-17 Hits Profiles produced prior to 1999 are referred to as SGM (Second-generation multiplex) profiles which contain 6 DNA areas (Loci) plus gender marker. The name indicates that they were produced using an older, less discriminating profiling technique than the SGM+ test used between 1999 and July 2014 which contain 10 DNA areas (Loci) plus gender marker. From July 2014 the profiling technique produces the next generation DNA-17 profile which contain 16 DNA areas (Loci) plus gender marker Hits with one or more SGM profile are less discriminating than those between SGM+ or DNA-17 profiles. They are still of value to an investigator and provide the basis for arrest The Crown Prosecution Service (CPS) may agree to charge based on a SGM hit, but but usually a DNA-17 profile will need to be taken for a direct comparison.

8 The CPS apply a threshold test for charging on a DNA hit. This test requires three elements from the investigator: The information contained in the match report The CSIs scene report, detailing where the crime stain was located; and Additional supportive evidence (for SGM+ and DNA-17 matching profiles this need only be that the suspect lives near to where the crime occurred or that a witness description matches that of the suspect) There may be occasions when a DNA-17 Crime Scene stain generates a partial hit against a person SGM or SGM+ profile, in these instances a new person sample may be requested so that it can be profiled as DNA-17 and further direct comparison made against the Crime Scene Stain Evidential Samples taken on PACE DNA kits for casework An evidential sample (normally mouth swab but may be hair) is one which is taken to produce evidence to prove a case. There are four occasions when evidential samples are required: a) To confirm a Database hit where the matching CJ sample was not taken using a PACE kit (i.e. does not have a 96, above 96 or 3 series barcode). b) To prove a case against or eliminate a person arrested on suspicion of involvement in a recent crime where potential DNA material has been seized and not profiled or identified to a particular person. (N.B. If the suspect is either 'profiled' or 'confirmed' on the Database with a 96, above 96 or 3 series barcode then a further PACE DNA sample is not required). c) Where the DNA derived from the seized material produces a profile which requires a DNA-17 suspect profile for comparison i.e. the areas of DNA in a person SGM+ profile aren t present to provide a sufficient statistical probability that the DNA in both material and person profiles was from the same person. d) For specialist comparison work e.g. Y-STR The method of obtaining an evidential sample is the same for all four examples above in Further details can be obtained from SWF Forensic Submission Unit officers. 3.3 CJ Sampling Policy (for the NDNAD) CJ samples can be taken from all persons who are arrested, charged, summonsed, warned, cautioned, reported or reprimanded for a recordable offence Where a person is no trace on PNC then a PACE CJ sample must be taken and submitted for inclusion on the NDNAD.

9 3.3.3 If the person has an existing record on PNC then the PNC instructions on whether to take or not take must be followed unless: there are likely to be forensic lines of investigation or the offence is a sexual offence or a major crime, in these instances a sample must be taken For Guidance document PACE DNA Samples when to take see Useful Links below at Section Occasionally, the SWF Custody Sampling Team, Forensic Submissions Unit or the profiling laboratory may reject CJ PACE samples. The reasons for these rejections vary but include cracked tubes, swabs incorrectly inserted into tubes, and samples contaminated with foreign bodies. As a result of the Criminal Justice and Police Act 2001 (Commencement No. 8) Order 2002, Sections of the Criminal Justice and Police Act 2001, which deal with the re-taking of unsatisfactory samples, are now enforceable. Samples that are lost, damaged or destroyed, contaminated or where the DNA analysis proves unreliable, may be re-taken. In such cases, the OIC will be informed of the failure, and will be requested to retake the sample. N.B. Samples taken prior to charge that subsequently fail cannot be retaken under these powers Voluntary Attendees Occasionally, persons who are not arrested are asked to attend a police station voluntarily to be interviewed in relation to an offence. The person will be interviewed under caution and, if after the interview they are told that they will be reported for summons, then a PACE DNA sample may be taken (by using reasonable force if necessary) If, after interview, the person is told that no further action will take place, PACE DNA cannot be taken from the individual An Elimination sample can be taken from a Voluntary Attender (if they haven t been arrested or reported) for comparison purposes but only with informed consent. If the person is then subsequently arrested a PACE CJ sample can be taken Advice can be obtained from the SWF Forensic Submissions team prior to dealing with a Voluntary Attender Non-recordable Offences Persons arrested for non-recordable offences should not be sampled. 3.4 Crime Scene Investigators (CSI) Working Practices The ability to have all crime stains profiled and searched against the NDNAD makes it imperative that all CSIs comply with the generally accepted and publicised methods of crime stain retrieval. These criteria are explained fully in the Scenes of Crime handbook issued to all CSIs. 3.5 Statistics

10 3.5.1 DNA statistics are provided by the Forensic Service Providers (FSPs) which are included in Management Information packs and reviewed quarterly at Customer Account meetings with Forensic Submissions Unit. 3.6 Complaints against the Police Where an officer is subject to a criminal complaint the Force Policy on DNA will apply. For non-criminal investigations there is no power in criminal law to obtain a CJ or evidential sample without the consent of the officer involved. Where this course of action is contemplated, consultation should be made with the Professional Standards Department (PSD) SIO An officer subject to internal investigation may not have their Police Elimination profile routinely used in an investigation; Force Policy for Police Elimination (Taking of Fingerprints and DNA) will apply. 3.7 Intelligence Led (Mass) Screening Intelligence led screening is only used for serious crimes where DNA evidence is involved. Where this course of action is contemplated, advice must be sought at the earliest opportunity from one of the following: the Director SWF, Head of SWF CSI, Regional Crime Scene Coordinators SWF (South West Forensics). 3.8 Police Personnel Elimination DNA Database For details on the policy of obtaining fingerprint and DNA samples from Police Officers, Special Constables, Police Community Support Officers and other Police Staff please refer to People Service Centre procedures document The Taking of Fingerprints and DNA (see Useful Links below at Section 6). 3.9 Interpol DNA Database and Exchange of DNA Profiles Interpol has established an international database of attributable and knowledgeable DNA profiles for use by its member states. Countries will be able to add profiles from their national or regional databases and compare their profiles with those supplied by participating Interpol member states The system will allow three types of search, those being: a) Reference sample to reference sample searches. b) Crime scene to reference sample searches. c) Crime scene to crime scene searches Full details are contained within the document International DNA Searching Policy for the United Kingdom (see Useful Links below at Section 6) Searching the database The international database will compare all additions to the database with the profiles already stored. If a matching profile is found, the system will alert the

11 member states involved. Interpol will not vouch for the quality of the DNA data provided, and will always include a warning in any reply that it sends, indicating that the information given is subject to confirmation from the member states concerned Devon and Cornwall Police has the option of submitting DNA profiles for addition to the Interpol DNA database and has the ability to make searches. These facilities can be initiated by contacting the Interpol Liaison Officer (FIC), Force Headquarters, Middlemoor Profiles may be submitted for inclusion on the database where the subject is thought to be connected with international crime and a search of the UK Database has proved negative. Evidence to this effect will be required of the officer initiating the Interpol search The only profiles that should be submitted are those of known criminals operating internationally, or those of unknown stains found at crime scenes when it is suspected that the offender might be a foreign national Full details are contained within the document International DNA Searching Policy for the United Kingdom (see Useful Links below at Section 6). 4. Assessment Compliance 4.1 This document has been drafted and audited to comply with the principles of the Human Rights Act. Equality and diversity issues have also been considered to ensure compliance with Equality legislation and policies. In addition Data Protection, Freedom of Information, Management of Police Information and Health and Safety issues have been considered. Adherence to this policy will therefore ensure compliance with all relevant legislation and internal policies 5. Review and Ownership 5.1 The review of the contents of this policy is the responsibility of the Commander Crime and Criminal Justice. Review of the policy will be undertaken annually. 6. Useful Links Forensic Submission Unit intranet site where additional guidance documents, PowerPoints and posters can be found. Fingerprints and DNA Procedure