DNA Review Panel
A DNA Review Panel has now been created. This is to allow testing of people who have been convicted of crimes who insist they are innocent and who believe DNA evidence can prove their claims.
If someone wishes to apply to the Panel, it will then do various searches to locate any crime scene samples which contain a DNA speciman and to then test that DNA with the person's DNA to see if there is any comparison.
The DNA Panel cannot overule convictions. They can recommend to the Court of Criminal Appeal that a review of a particular conviction should be undertaken.
DNA that is found at crime scenes, such as blood, semen, skin, saliva, sweat or hair, are used to identify perpetrators. This is called DNA profiling.
These samples can come from such things as fabrics, cigarettes, tools, utensils, or minute samples of biological material, no matter how old it is or how degraded it has become. Not all samples are, however, forensically useful. When two samples do not match it can be said positively that they do not come from the same source. If two samples do match it means that they may have come from the same source. A ratio of probability as to a match is usually given.
A person can apply to the Panel for a review of:
- their claim of innocence may be affected by DNA;
- the person was convicted before 19.9.2006 for an offence punishable by life imprisonment or 20 years or more;
- that the Panel thinks there are special circumstances that warrant the application;
- the person is still subject to the sentence (in custody or parole) or still subject to supervision under the Crimes (Serious Sex Offenders) Act 2006.
Application forms are available at all NSW Correctional facilities. Otherwise ring (02) 9228 8073. Alternatively, contact us at Macedone Legal and we will assist you with your application.
Any DNA sample provided to the DNA Panel will NOT be placed on the DNA database. |
