Police get new DNA powers

Police fingerprinting suspects can now collect their DNA and match it against profiles from unsolved crimes, Justice Minister Simon Power has said.

Until now police had to wait until someone was convicted or obtain an order from a High Court judge. The Criminal Investigations (Bodily Samples) Amendment Act means they can take samples on arrest.

From today they will be able to take DNA from anyone they intend to charge with an offence punishable by more than seven years' imprisonment. This will see an estimated 4000 more samples taken each year.

From the middle of next year if the Government wants to extend the range if offences it can do so by passing an Order in Council. This will see another 5000 per year taken.

Samples of people not convicted will be destroyed. The DNA databank holds about 110,000 DNA profiles, more that 8000 of which are unidentified profiles from crime scenes.

"Until now, DNA could be taken only with consent, or where there were judicially approved suspect orders or police-issued compulsion notices, and only after conviction," Mr Power said.

"This law will enable police to take full advantage of this modern-day fingerprint in order to solve cold cases, and I have no doubt it will be a critical tool in the fight against violent crime," Mr Power said.

Critics have said the move breaches privacy and is open to abuse.

However Mr Power said the new legislation introduced new offences to penalise for the misuse of DNA profile information.

"Police have also developed guidelines to avoid any arbitrary or unreasonable application of this power. I see this tool as doing as much for those who are innocent as for those who are found guilty of a crime."

The Act was passed in October last year and did not come into force immediately in order to give police time to finalise training and guidelines and for Environmental Science and Research to prepare for an increased workload.

- © Fairfax NZ News