Why not collect DNA samples at time of arrest as opposed to time of conviction?
Legal advice suggests that collecting samples at the time of arrest raises serious Constitutional concerns. In addition, the current DNA warrant scheme (under s.487.05 of the Criminal Code) allows police to obtain DNA samples from suspects during the course of a criminal investigation either prior to, at the time of, or after arrest. There will be a five-year review of the legislation, at which time collection at the time of arrest may be revisited. 1 The original biological sample card is retained and stored in the event that current technology is advanced and a new profile needs to be generated within that new technology. The sample itself is identified by the DNA Data Bank reference number, rather than any information about the donor. 2 An approved DNA Data Bank sample collection kit is provided for this purpose. The kit is designed to ensure the preservation of the bodily substances collected (blood, hair or buccal swab – see s.487.056 (1)). The bodily substances that have been tak
