Privacy concerns over new DNA laws for cops

A move towards stronger DNA powers for police across the country has been slammed by Victorian lawyers.

A move towards stronger DNA powers for police across the country has been slammed by ­Victorian lawyers outraged by the Andrews government’s push to allow DNA samples to be taken from suspects without a court order.

The government plans to introduce legislation next year that would bring Victoria in line with NSW, South Australia, Western Australia and the Northern Territory where a ­senior police officer can already authorise DNA sampling without charges being laid in cases of ­serious crimes.

The push, announced last week as part of a broader law and order package, has been welcomed by police, who foresee a tenfold increase in the number of DNA samples that will become available, while alarming legal practitioners, who have called DNA sampling an invasion of privacy.

Law Institute of Victoria president Steven Sapountsis said court oversight or other safeguards were needed to prevent abuse of police powers.

“The difficulties associated with the use, reliability and potential contamination of DNA ­samples also show that reliance on DNA evidence can result in miscarriages of justice, and underline the importance of oversight in the authorisation to collect DNA samples,” he said.

Civil liberties group Liberty Victoria has warned that taking a suspect’s DNA could evolve into being standard at the end of an ­interview.

The state Attorney-General, Martin Pakula, has described the move as giving Victoria Police a more “streamlined” process similar to other states.

Police ­Association secretary Ron Iddles said abandoning the “time-­consuming” process of seeking court orders would significantly help ­investigators.

“This new power will improve our members’ ability to identify criminals (particularly recidivists) and help solve serious crimes as well as reduce the administrative burden on police and the courts,” said Mr Iddles, a veteran homicide squad detective.

“It should also enable police in Victoria to dramatically increase (we estimate, tenfold) the number of DNA samples it can analyse.

“This won’t be without appropriate safeguards as police will be required to destroy samples should the suspect not be charged or found not guilty of committing relevant offences.”

Under pressure from rising crime rates, the government is facing a legal challenge over its decision to move juvenile offenders to the maximum security ­Barwon prison last month following riots at the Malmsbury and Parkville youth detention centres.

Mr Sapountsis said he was also concerned about the move to ­reduce the age at which DNA samples can be obtained without court oversight to 15.