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Refusing identification
  • About DNA samples
  •  

    Can I refuse to... 

    provide identifying particulars?

    If you are a volunteer and you decide at any time not to give your identifying particulars, you cannot be forced to give those particulars.

     
    If you are witness or a victim of an offence you may decide at any time not to give your identifying particulars. You cannot be forced to give those particulars, except in some circumstances where a warrant may be sought from a Magistrate.
     

    give a DNA sample?

    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. It is an offence to obstruct police from obtaining a DNA (deoxyribonucleic acid) sample from you and you may be charged.

    If you have been charged with a serious offence, you may be arrested. If required, the new laws give police the power to 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.
     

     
    Why give a DNA sample?
     
    Police will be able to exclude you as a suspect for crimes. Offenders who believe they have been wrongly convicted should seek legal advice.
     

     
    Where can I get help?
     
    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.

     

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