Human Rights Commission
Media release
14 May, 2009

DNA sample bill barrier to rehabilitate youth

The Human Rights Commission says that parts of a new bill to extend the powers of the police to collect DNA samples from young people will have negative consequences for their rehabilitation.

If passed, the bill would extend the powers of the police to collect DNA samples from people between the ages of 14 and 16 simply on the basis that they suspect they might have committed a serious offence. If the young person was convicted, the bill would allow the DNA samples to be retained for between four and seven years after conviction.

At present, young offenders are commonly dealt with by diversion. If they complete the requirements of diversion, then their criminal record is expunged to give them a fresh start in life.

However, if the bill passes, young people charged with an offence may be more likely to defend any charges rather than accept responsibility, which is a requirement of diversion because the DNA samples are retained. This would undermine the benefits of the youth justice system which aims to promote a young person’s re-integration into society.

Before the Justice and Electoral Select Committee today (Thursday), Chief Commissioner Rosslyn Noonan said, “I am sure this is not the intended aim of the bill, but it is likely to be a consequence that would have a long-term effect on how the Justice system deals with young offenders.”

She said the Commission was not opposed to DNA matching to solve crimes, but unless parts of the bill were revised, it would compromise fundamental individual liberties.

“We agree with the Attorney General that the bill undermines the right to be secure against unreasonable search and seizure in the Bill of Rights Act,” she said.

In its submission, the Commission said it had concerns about the:

• lowered threshold for the police to obtain DNA samples from suspects
• potential for discrimination because of familial testing
• broader range of offences for which DNA sampling would be allowed.

The Commission recommended:

• The threshold for taking DNA samples should be limited to those situation where the police have good cause to believe that a person has committed an offence, rather than they simply suspect this is the case.
• The range of offences should not be increased to all those carrying the risk of imprisonment and certainly not by Order in Council.
• Consideration should be given to the effects of familial testing.
• The regime should not apply at all to children and young people between 14 and 16.

ENDS