| (1) |
Samples taken from an arrested person |
| (a) |
When a buccal sample is collected from an arrested person, the DNA Reference (buccal) Collection kit must be utilised and his or her fingerprints must be taken on form SAPS 76. |
| (b) |
The unique barcode form reference number of the DNA Reference (buccal) Collection kit must be recorded on form SAPS 76 and on the collection form (provided with the DNA Reference (buccal) Collection kit). The original collection form must be filed in the docket and the copy of the form, together with the buccal sample, must be placed in the evidence sealing bag. |
| (c) |
The collection form (provided with the DNA Reference (buccal Collection kit) must be completed before the sample is actually taken. |
| (d) |
The form SAPS 76, the barcode number on the evidence sealing bag and the unique barcode reference number of the DNA Reference (buccal) Collection kit and the particulars of the person from whom the buccal sample was taken, must immediately be captured on the CAS/ICDMS system after the sample was taken. |
| (e) |
The following contact particulars of the arrested person, where available, must be captured on the CAS/ICDMS system once a sample had been taken: |
| (iii) |
postal or residential address. |
| (2) |
Samples taken from persons for investigative purposes |
| (a) |
When a buccal sample is collected for investigative purposes from a person who is not arrested, the DNA Reference (buccal) Collection kit must be utilised and his or her fingerprints must be taken on form SAPS 192. |
| (b) |
The original collection form must be filed in the case docket and the copy of the form, together with the buccal sample, must be placed in the evidence sealing bag. |
| (c) |
The contact particulars of the person from whom the buccal sample has been taken, (including the cell phone number, where available) must be recorded in the investigation diary (SAPS 5) in the case docket. The authorised person must clearly indicate on the collection form that the sample was taken for investigative purposes. |
| (3) |
Samples collected by the Independent Police Investigative Directorate |
| (a) |
If a buccal sample is collected (using the DNA Reference (buccal) Collection kit) by an authorised person on behalf of IPID and this is not captured on the CAS/ICDMS system, the fingerprints of the person must be taken on form SAPS 192. The authorised person must clearly indicate on the collection form that the sample was collected for investigative purposes. |
| (b) |
The original collection form must be filed in the case docket and the copy thereof must be placed, together with the buccal sample, in the evidence sealing bag. The words "for investigative purposes" must be recorded on the evidence sealing bag and also in the covering letter. |
| (c) |
The collection form provided with the DNA Reference (buccal) Collection kit must be completed. |
| (d) |
The contact particulars of the person from whom the buccal sample has been taken, (including his or her cell phone number where available), must be recorded in the investigation diary (SAPS 5) in the case docket. |
| (4) |
Detective commanders must inspect the CAS/ICDMS on a weekly basis and ensure that the information is correctly captured on the CAS/ICDMS. The fact that an inspection was conducted must be recorded in the Occurrence book (SAPS 10). |
| (5) |
Officials responsible to process form SAPS 76 at the Component: |
Criminal Record and Crime Scene Management must ensure that the unique barcode reference number of the DNA Reference Sample Collection kit that is recorded on form SAPS 76 is captured with the fingerprint number and the particulars of the person arrested or charged on the CRIM system.
| (6) |
Any office or place that is private, out of sight and hearing of other persons, may be used as a place where a buccal sample may be taken. |
| (7) |
The buccal sample must be taken in the presence of a witness who must countersign the collection form. |
| (8) |
The detective commander or designated person must take the necessary steps to ensure that every bodily sample taken, is submitted to the Forensic Science Laboratory for examination as soon as possible, but in any event within 30 days after the sample has been taken. |
| (9) |
The re-taking of a buccal sample must be done within 30 days after receiving the request from the Forensic Science Laboratory. |
| (10) |
The detective commander must perform monthly inspections at the SAPS 13 stores to ensure that no bodily samples are kept at the station for a period longer than 30 days. The inspection must also ensure that bodily samples that have not yet been sent for analysis to the Forensic Science Laboratory are properly recorded and safely kept in the exhibit store and recorded in the SAPS 13 register. The fact that an inspection was conducted and any corrective steps taken, must be recorded in the Occurrence book. |
Statistics Act, 1999
