Identifying people

Suspects for serious offences may be asked to volunteer identifying particulars that are reasonably suspected that they will afford evidence of whether or not they committed a serious offence.

Suspects are not required to give consent unless they wish to do so. 

However, if they refuse, a senior officer may issue an order, or a Court may issue a warrant to take the identifying particulars using reasonable force if necessary.

People charged with a serious offence may be asked to volunteer their identifying particulars. 

They are not required to consent unless they wish to do so, however, if they refuse, a police officer may order them to give the identifying particulars. 

Police may then take the identifying particulars using reasonable force if necessary.

During police enquiries, people may be asked to volunteer their identifying particulars. Volunteers are not required to provide police with their identifying particulars unless they wish to do so.

Witnesses or the victims of offences may be asked to volunteer their identifying particulars.

They are not required to give their identifying particulars.

If the witness or victim of the offence is a child or an incapable person (see note below), application may be made to a responsible person for consent to undertake the procedure. 

However, if consent is not given, police may make application to a Magistrate to have a warrant issued to take that person's identifying particulars.

An ‘incapable person’ is a person of any age who is:

• unable by reason of a mental disability (which term includes intellectual disability, a psychiatric condition, an acquired brain injury and dementia) to understand the general nature and effect of, and the reason for and the consequences of undergoing, an identifying procedure or
• unconscious or otherwise unable to understand a request made or information given under this Act or to communicate whether or not he or she consents to an identifying procedure being done on him or her.

Police can take DNA (deoxyribonucleic acid) samples from people charged with, or suspected of, committing a serious offence that carries a statutory penalty of 12 months or more, regardless of the actual sentence imposed.

If you are a suspect for a serious offence, an order or a warrant may be sought that will give police the power to use reasonable force to obtain a sample. 

If you have been charged with a serious offence, you may be arrested. If required, police may use reasonable force to obtain a sample. 

It is an offence to obstruct police from obtaining a DNA sample from you, and you may be charged.

About DNA

DNA carries genetic information passed on to you from your mother and father and determines your physical characteristics.

A DNA sample is a collection of cells from your body. The type of sample that police usually collect from you is a buccal swab (a mouth swab). 

The law also allows police to take other samples, such as hair or blood in some instances if you don't agree to give a mouth swab.

Taking a DNA sample

If the sample is by mouth swab, it simply involves wiping a swab inside your mouth. You will be asked to do the mouth swab yourself, under police direction. The swab is like a large cotton bud and does not hurt you.

When a sample of hair is required, police will pull a number of hairs from your leg, arm or head.

If difficulty is experienced in obtaining either of these samples, police are authorised to take a sample of your blood. This is a simple finger prick blood sample, which some police are qualified to do.

All of these procedures are simple and will not harm you.

Creating a DNA profile

A DNA profile is obtained from the sample. The profile is then recorded on a DNA database. It will then be compared with DNA samples collected from crime scenes to see if they match. Your DNA sample will not be tested for drugs.

Sample use and destruction

If you volunteer your sample, you may decide whether to:

• limit the purposes for which it is used, or
• allow it to be used for unlimited forensic purposes.

You may also decide how long this information may be held by police.

As a witness or a victim of an offence, you may decide whether to:

• limit the purposes for which your sample may be used, or
• allow the sample to be used for unlimited forensic purposes.

If you are a suspect for an offence then you may request your identifying particulars be destroyed if, after two years:

• you have not been charged with a relevant offence; or
• you are found not guilty of the offence you were charged with.

If you have been charged with a serious offence, you may request your identifying particulars to be destroyed if you are found not guilty of the offence you were charged with.

Sample destruction

If you wish the sample to be destroyed, either you or your legal representative need to make a request in writing to: Commissioner of Police Headquarters 2 Adelaide Terrace East Perth WA 6004
 

Police may request the removal or adjustment of a face covering worn by the person, or to request the person do any other reasonable thing necessary to enable the officer to see the person's face or verify the correctness of any personal detail given.

Definition

Face covering has a very broad definition and includes anything worn by a person that totally or partially covers the person's face. Examples include hats, helmets, and sunglasses or face masks. 

It could include a person who is wearing face paint or makeup that changes the appearance of the person or conceals an identifying feature of the person's face.

Contact your legal representative, Legal Aid or the Aboriginal Legal Service as soon as possible if you have any concerns about consenting to a DNA sample being taken.