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CIVILIAN SECRETARIAT FOR POLICE SERVICE. sss. CRIMINAL LAW (FORENSIC PROCEDURES) BILL DEVELOPMENT COMMITTEE 19 October 2017. Presentation Overview. Objective Process Background Transitional Arrangements Proposed Legislative Amendments. Objective.

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  1. CIVILIAN SECRETARIAT FOR POLICE SERVICE sss CRIMINAL LAW (FORENSIC PROCEDURES) BILL DEVELOPMENT COMMITTEE 19 October 2017

  2. Presentation Overview • Objective • Process • Background • Transitional Arrangements • Proposed Legislative Amendments

  3. Objective • To request the Development Committee’s approval to submit the Bill to the Director-General Cluster for approval to proceed to the Cab Committee for further processing for publication in the Government Gazette. Process • Bill was presented to the Committee on 21 September 2017; • Committee approved the submission of the Bill to DG Cluster subject to the submission of the Implementation Plan and Costing Model to it, which have been conducted; • Initial Impact Assessment of the Bill has been submitted to DPME; • A Costing Model on the Bill has been developed.

  4. Background • The Criminal Law (Forensic Procedures) Amendment Act, 2013 (the Act) came into operation in January 2015 and provides for, among others: • The taking of specified bodily samples (e.g. buccal sample) from Schedule 8 offenders for the purposes of forensic DNA analysis; • Establishing and regulating the administration and maintenance of the National Forensic DNA Database (NFDD); and • Oversight over the NFDD • Forensic DNA profiles (derived from samples) are compared to forensic DNA profiles contained in the different indices of the NFDD • Forensic DNA thus plays an important role in strengthening criminal investigations

  5. Transitional Arrangements • Section 7(7) of the Act provided for a two-year transitional period (31 January 2015 – 31 January 2017) for the retrospective sampling of all persons convicted of Schedule 8 offences (Criminal Procedure Act No. 51 of 1977): • Prior to their release if a buccal sample had not been taken at the time of arrest; or • Who is released before their sentence is completed either on parole or under correctional supervision. • Full implementation of this provision has however not been achieved due to various challenges – the most notable of which has been the unwillingness by certain offenders to consent to the taking of a buccal sample, or to taking it himself / herself

  6. Proposed Legislative Amendment • Clause 2(2) – the period of transition of two years may be extended by the Minister upon request by the National Commissioner of SAPS or at his or her own accord. • Clause 3 – A list of Schedule 8 convicted offenders is to be submitted by the National Commissioner of Correctional Services to the National Commissioner of SAPS. • Clause 4 –taking of buccal samples of Schedule 8 offenders, in custody. • Clause 6 – to create an offence in respect of the refusal to take a sample.

  7. Conclusion The proposed amendments are collectively aimed at achieving the following: • Ensuring that buccal samples are taken from all convicted offenders • Allowing for better cooperation and coordination among role-players; • Streamline systems and processes for sharing information • Improved administration and management of the National Forensic DNA Database • Enhanced management of convicted offender information, as well as parolees or those under correctional supervision • Proper management of sexual offences data

  8. Recommendation It is recommended that the Committee approves the submission of the Bill to the DG – Cluster for approval to proceed to the Cab Committee for further processing for publication in the Government Gazette. Relevant Documentation • A completed Initial Impact Assessment Template; • Cabinet Memorandum.

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