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South African Police Service Act, 1995 (Act No. 68 of 1995)

Regulations

Forensic DNA Regulations, 2020

23. General

 

(1) The Divisional Commissioner: Detective Service must—
(a) on a quarterly basis obtain from the Department of Correctional Services a list of convicted offenders whose forensic DNA profiles are not loaded on the NFDD and who are serving a sentence of imprisonment in respect of an offence referred to in Schedule 8 of the Criminal Procedure Act, as well as persons who have been released on parole or under correctional supervision in respect of an offence referred to in Schedule 8;
(b) ensure the implementation of an action plan to support the taking of buccal samples from persons referred to in paragraph (a), as well as persons awaiting trial relating to Schedule 8 offences under the Criminal Procedure Act; and
(c) liaise with the authorised officer to ensure that the forensic DNA profiles of persons referred to in paragraphs (a) and (b) are included in the NFDD.

 

(2) The authorised officer or person designated by him or her must on a monthly basis request the Director General: Department of Justice and Constitutional Development to provide him or her with the particulars of persons whose names have been included in the National Register for Sex Offenders contemplated in section 50(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007).

 

(3) The National Commissioner must ensure that adequate stock levels of evidence collection kits (including sexual assault collection kits, DNA buccal sample collection kits, and DNA crime scene collections) are acquired and maintained for immediate provisioning to stations on request. The stock levels of evidence kits at the provisioning stores must be reported on a quarterly basis to the Board and the Minister of Police.

 

(4) The National Commissioner must, in consultation with the Department of Public Works and Infrastructure, ensure that adequate forensic facilities are provided and maintained in accordance with the relevant accreditation standards and compliance to the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993). The status of forensic facilities and the identification of upgrading and building of forensic facilities must be reported by the National Commissioner in the annual plan of the Service.

 

(5) The authorised officer may determine national standards for testing laboratories that perform animal forensic DNA analysis and may facilitate research with academic institutions and other facilities to develop procedures, best practices and chemistries in the identification of animal DNA for forensic purposes or criminal investigation.