South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsForensic DNA Regulations, 20209. Communication of forensic DNA findings and related information |
| (1) | The forensic analyst must report to the investigating officer the outcome of the examination and the results of the tests for purposes of section 212(6)(a) and (b) of the Criminal Procedure Act, if— |
| (a) | the person under investigation or the DNA of a suspect matches the DNA found in the crime scene sample; |
| (b) | an identification of human remains has been made; |
| (c) | no DNA could be found in the crime scene sample relevant to the case; and |
| (d) | a person under investigation or a suspect may be excluded by the DNA found in the crime scene sample. |
(2)
| (a) | When there are matches between the forensic DNA profile derived from the crime scene and buccal samples, the FSL must provide the forensic findings report within the time frames specified as per the Annual Operational Plan of the Service. |
| (b) | The Head of the FSL must implement monitoring system that ensures that he or she is informed on a daily basis whether there are DNA matches between forensic DNA profiles derived from buccal samples and crime scene samples. |
| (c) | The Head of the FSL must on a quarterly basis report the number of FSL cases where suspects are linked within the same case to the crime scene samples collected in the case to the Board. |
| (d) | The information in the reports contemplated in paragraph (c) must be included in the annual report of the Service. |
| (3) | The investigating officer must, in addition to the report communicated through a system notification by means of the FSL admin system to the docket diary of the CAS /ICDMS system, be informed by the FSL if— |
| (a) | the results of DNA evidence recovery tests were negative; |
| (b) | the forensic DNA of a suspect is excluded from the DNA found in the exhibits; |
| (c) | the forensic DNA of a suspect matches the DNA in the exhibits examined; |
| (d) | no forensic DNA finding could be made; |
| (e) | human remains or a missing person is identified; and |
| (f) | different cases are linked to each other due the different crime scene samples sharing the same forensic DNA profiles or a suspect is linked from the NFDD to one or more cases. |
(4)
| (a) | The FSL may establish a system in which DNA process teams are used to process DNA crime samples, bodily samples and DNA reference samples. |
| (b) | The DNA process teams contemplated in sub -regulation (a) may, amongst others, include persons responsible for— |
| (i) | case reception and registration of forensic casework; |
| (ii) | evidence recovery; |
| (iii) | submission of DNA crime samples, bodily samples and buccal samples to the DNA analysis process laboratory; |
| (iv) | DNA analysis process laboratory; |
| (v) | monitoring the status of the DNA analysis process; and |
| (vi) | analysing forensic DNA profiles and associated data derived from the samples and compile a DNA report. |