South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 20206. Preservation and timely transfer of collected samples to FSL |
| (1) | The approved evidence collection kits and DNA buccal collection kits must be utilised for the collection of DNA evidence and buccal samples respectively. |
| (2) | The evidence collection kit must be packaged in an evidence sealing bag and must clearly indicate the relevant station and CAS number, before they are submitted to the FSL unless compelling reasons (such as the size of the forensic sealing bag) hamper the packaging thereof in the supplied evidence sealing bag. |
| (3) | If an evidence collection kit is not available, the investigating officer concerned must consult with the FSL to ascertain how the exhibit or sample must be dealt with. |
| (4) | The forensic evidence packaged in the marked evidence sealing bags may be submitted to the FSL by means of a reliable courier service. |
| (5) | The detective commander or designated person must take the necessary steps to ensure that every bodily sample taken, is submitted to the FSL for examination as soon as possible, but in any event within 30 days after the sample has been taken. |
| (6) | If no forensic DNA profile could be derived from the sample or if the sample was compromised, the retaking of a buccal sample must be done within 30 days after receiving such a request from the FSL. |
| (7) | The station commander must ensure that no bodily samples are kept at the station for a period exceeding 15 days from the date that they were taken. |
| (8) | In order to ensure that the exhibits or samples are not exposed to heat degradation, the directives regarding packaging, storing and transporting of exhibit material issued by the FSL, must be adhered to. |
| (9) | A covering letter containing the following information must be attached to the marked evidence sealing bag with the buccal sample: |
| (a) | barcode number of the buccal sample; |
| (b) | station and CAS number, or the number of the reference sample where relevant; |
| (c) | whether the buccal sample was taken from— |
| (i) | a child; |
| (ii) | an arrested person; |
| (iii) | a victim or complainant; |
| (iv) | a person who is under investigation, but not arrested and with his or her informed consent or authorised by the court; |
| (v) | from a family member of a missing person or unidentified human remains; and |
| (d) | whether the bodily sample or crime scene sample is from— |
| (i) | a missing or unidentified person; or |
| (ii) | unidentified human remains. |
| (10) | A buccal sample— |
| (a) | may not be packaged with other exhibits; |
| (b) | must be packaged in a separate evidence sealing bag and submitted to the FSL; and |
| (c) | must be accompanied by a covering letter contemplated in sub -regulation (9) containing a request that it be compared with crime scene samples that have previously been or will be submitted to the FSL. |
(11)
| (a) | If the FSL requests that buccal samples be submitted to them to verify that a person's forensic DNA profile is the same as the forensic DNA profile found on exhibits, a confirmation DNA buccal sample marked with the words "confirmation DNA buccal sample" must be submitted to them. |
| (b) | The detective commander must ensure proper management of requests for confirmation DNA buccal samples. |
| (12) | The authorised officer may determine the appropriate FSL to which the buccal samples and exhibits may be submitted. |
| (13) | The FSL must provide written reasons to the investigating officer if it refuses to accept exhibits or analyse buccal samples or exhibits. Such reasons may be electronically communicated to the investigating officer. |