Forensics Chief Gian Cho Explains DNA Bill Impact

To break down what the new DNA Bill really means, we sat down with Gian Cho, Executive Director of the National Forensic Science Service. He explained the key provisions, starting with how DNA samples could now be collected from anyone suspected of an indictable offense, as well as from those already convicted. So, what does that mean for law enforcement and your rights?

 

Gian Cho, Executive Director, NFSS

“One of the main sticking points or the main thing that would jump out is the provision where DNA samples can be collected from a suspect if they do not consent. As it is without the law and one of the limitations for cases to proceed in the court without a DNA law is that we must obtain consent from persons before collecting a DNA sample. You may or may not know that in some countries like the UK you don’t need consent. They can collect DNA samples without consent.  We are not going that route. We have a widespread collection from the population. The DNA bill still allows for consent to be sought first and if the suspect refuses then a court order must be obtained. The investigating officer must convince the magistrate that there is reasonable grounds to believe the person was involved in committing the offense, that an offense was committed first of all, that it is in the interest of justice to collect this sample. So we have made sure to incorporate some of the considerations from other jurisdictions where you still need a court order.”