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South African Police Service Act, 1995 (Act No. 68 of 1995)

Regulations

Forensic DNA Regulations, 2015

9. Follow-up of forensic investigative leads

 

(1) The Divisional Commissioner: Detective Service must establish nodal points within that division to monitor and follow-up unsolved forensic investigative leads with Provincial Commissioners.

 

(2) Every Provincial Commissioner must ensure that forensic investigative leads, multiple offenders and serial cases involving murder, rape, sexual assault and psychologically motivated crimes are investigated and resolved.

 

(3) All the dockets linked in a serial case or where an offender is involved in multiple offences, must be obtained and re-opened on the CAS/ICDMS. All evidence must be considered and followed-up and a profile of the serial offender must be compiled.

 

(4) Before the prosecuting authority has taken a formal decision on whether to proceed with a prosecution or not, serial cases may only be closed on the CAS/ICDMS with the approval of the Provincial Commissioner concerned and the Divisional Commissioner: Detective Service.

 

(5) The Divisional Commissioner: Detective Service and the Provincial Commissioner must ensure that investigations and leads are communicated and coordinated across station borders or, where applicable, provincial borders. He or she must also facilitate the identification of psychologically motivated crimes (such as serial murders, serial rapes, muti-murders, child murders, sexual murders, mass murders, spree murders) and liaise with the Investigative Psychological Unit when such cases occur and when serial offences occur in more than one province.

 

(6) Every task team must consolidate all forensic investigative leads or cases which indicate links based on information such as modus operandi, DNA, fingerprints, cell phone data, or identikits.

 

(7) When cross-over series occurs between different offences (for example when the suspect originally committed rape and then proceeded to commit murder), appropriately trained and experienced investigators in murder casework must be co-opted to the initial task team or, if the dockets are handed over to another unit (such as Organised Crime or Family Violence, Child Protection and Sexual Offences) members of such units may form part of the task team to ensure continuity.

 

(8) The roles and responsibilities between national and provincial task teams and specialised investigation units must be clearly defined by the Provincial Commissioner of the Province in consultation with the Divisional Commissioner: Detective Service.

 

(9) The task team must—
(a) coordinate their investigations across stations and provincial boarders and between specialised investigative units; and
(b) investigate any case which has been closed and which is now linked by a forensic investigative lead.

 

(10) Investigating officers must investigate the modus operandi in their cases and identify trends where the same modus operandi had been used, in order to link the same perpetrator. The investigating officer must report to the relevant task team instances where investigations or modus operandi link a suspect to different cases.

 

(11) The Crime Intelligence Analysis Centre (CIAC) must assist investigating officers by performing modus operandi and intelligence screening to identify possible suspects.

 

(12) The investigating officer must consult the Investigative Psychology Unit to assist with the investigation to confirm any behavioural links between cases.

 

(13) The investigating officer must ensure that the National Prosecuting Authority is informed of any case prepared for trial, in which forensic investigative leads or information links the suspect to other cases.

 

(14) A Provincial Commissioner must, after consultation with Divisional Commissioner: Detective Service, establish a nodal point in his or her province to monitor the progress of task teams in his or her province in respect of the investigation of forensic investigative leads. The nodal point must, at least on a monthly basis, provide feedback to the nodal point at the Division: Detective Service.

 

(15) The nodal point at the Division: Detective Service must, at least on a monthly basis, provide feedback to the section head: Forensic Database Management on progress on reported forensic investigative leads.