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Stabroek News

Legislation to be drawn up for DNA testing
published: Monday | September 4, 2006

Edmond Campbell, Senior News Coordinator

Director of Justice Reform in the Ministry of Justice, Canute Brown, says legislation to introduce the mandatory taking of DNA (Deoxyribonucleic Acid) samples for forensic analysis could be in place by year end.

He told The Gleaner in a recent interview that work was proceeding to draft the legislation, which would be modeled on the English and Canadian laws.

Mr. Brown pointed out that, at present, there is no provision in law for the mandatory taking of DNA samples.

The Director of Justice Reform noted that, in drafting the legislation, sensitive legal and ethical issues would have to be considered.

Legislation authorising the taking of blood samples would make provision for the establishment of an electronic database to store DNA samples.

Almost seven years ago, former Senior Resident Magistrate, now High Court Judge, Glen Brown, advocated for a change in the law to allow DNA testing to be made mandatory in all cases of sexual offences, arguing that it would serve to protect the complainant.

A person's DNA is established through tests done on the blood, but while there is legislation that allows for fingerprinting, there is no law that allows for the taking of blood samples.

A positive DNA match is widely considered the most conclusive evidence for securing convictions in criminal cases in the United States. DNA testing has also been used, in the United States, to prove the innocence of many persons convicted and sentenced to lengthy prison sentences decades ago.

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