Police DNA Forensic Order Application dismissed

Alan Phillips of our office was engaged to act for his client who had been served with an application for a forensic order to obtain her DNA.

The Police had arrested her husband for historical armed robbery offences in Victoria following advancements in DNA technology. Police served the order on our client to obtain her DNA, ostensibly to obtain further evidence against her husband. There was no allegation or evidence that our client had committed any offence herself.

The relevant legislation under the Police Powers and Responsibilities Act (QLD) was examined thoroughly, and written submissions were made with respect to whether the Court had the power to compel someone, not accused of any offence, to provide their DNA.

Further oral submissions were made in Court, and the Court ultimately found that the Court did not have the power to compel our client to provide her DNA in these circumstances and the police application for a forensic order was dismissed.

DNA forensic orders can circumvent a person's civil liberties and further police investigations. Challenging them can be difficult. It can make all the difference in certain cases, particularly if police rely on DNA to prosecute. Contact our office as a matter of urgency if you are served with a forensic order application.