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

Regulations

Forensic DNA Regulations, 2020

12. Follow-up of forensic investigative leads

 

(1) The National Commissioner must establish and maintain units in every province specifically dedicated to the follow -up and investigation of forensic investigative leads.

 

(2)

(a) Provincial Commissioners must ensure that forensic investigative leads that—
(i) serve the purposes contemplated in section 15F(a) to (e) of the Act;
(ii) link suspects to multiple offences; and
(iii) identify serial murder or rape cases,

are followed -up by the units contemplated in sub-regulation (1).

(b) The units must report on a monthly basis to the relevant Provincial Commissioner on the progress made with regard to the matters contemplated in sub-regulation (1).

 

(3) The number of forensic investigative leads followed-up and outstanding leads must be reported on a quarterly basis to the National Commissioner and to the Board. The reasons for not following-up on the reported forensic investigative leads must be provided to the Board by the Divisional Commissioner: Detective Service.

 

(4)

(a) In cases where forensic investigative leads link a specific suspect to multiple offences or serial offences involving the same suspect, the units contemplated in sub-regulation (1) must re -open on the CAS /ICDMS the different dockets in connection with the offences.
(b) The evidence in the re- opened dockets referred to in paragraph (a) must be taken into account in order to compile a profile of the suspected serial offender.

 

(5) In cases where the re- opened dockets contemplated in sub -regulation 4(a) are not submitted to the National Prosecuting Authority for decision the relevant Provincial Commissioner and the Divisional Commissioner: Detective Service must approve the closure of the dockets.

 

(6) The Divisional Commissioner: Detective Service must ensure that forensic investigative leads that include crimes in different stations and different provincial borders are communicated and coordinated across station borders or, where applicable, provincial borders. He or she must also facilitate the identification of psychologically motivated crimes that are indicated in the forensic investigative leads (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.

 

(7) The units referred to in sub -regulation (1) of every province must consolidate the different categories of forensic investigative leads or cases which indicate links based on information such as modus operandi, DNA, fingerprints, cell phone data, or identikits.

 

(8) If a suspect is suspected to have committed different type of offences in different stations and different provincial borders, appropriately trained and experienced investigators must be co -opted to the unit contemplated in sub -regulation (1), or if the dockets are handed over to another unit members, of such units may form part of the unit contemplated in sub -regulation (1) to ensure continuity.

 

(9) Investigating officers attached to the units contemplated in sub -regulation (1) must utilise the forensic investigative leads identified by comparative searches by—
(a) investigating the modus operandi of the suspects in their cases and identifying trends where the same modus operandi has been used, in order to link suspects; and
(b) requesting
(i) the assistance of the Crime Intelligence Analysis Centre to perform modus operandi and intelligence screening to identify possible suspects; and
(ii) the Section: Investigative Psychology to assist with the investigation to confirm behavioural links between cases.

 

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

 

(11) A Provincial Commissioner must at least on a quarterly basis, provide feedback on arrests and successful convictions made in the reported forensic investigative leads to the nodal point at the Division: Detective Service.