29 September 2014 - ABC Radio National
Transcript from ABC Radio National AM with Chris Uhlmann
CHRIS UHLMANN: New South Wales Police have taken DNA from hundreds of former offenders this year - even though they're not suspected of any crime.
It's the beginning of a plan to take a further 2,000 samples in the coming 12 months.
Police argue that by building a comprehensive DNA database they're better able to solve crimes.
But critics have labelled the practice invasive, wasteful and in desperate need of oversight.
Angela Lavoipierre reports.
ANGELA LAVOIPIERRE: For seven years, police have had the power to arrive on the doorsteps of thousands of the state's former offenders and request a DNA sample.
Until recently, it's been a relatively rare occurrence.
But David Porter from the Redfern Legal Centre, a state-wide service, says there's been a dramatic increase throughout the year.
DAVID PORTER: These are people who aren't under suspicion of any crime.
ANGELA LAVOIPIERRE: Assistant Commissioner Peter Cotter makes no apologies for the program.
PETER COTTER: These people that we're trying to, that capture the DNA from, there's a fair chance they are recidivist offenders, repeat offenders.
ANGELA LAVOIPIERRE: It's known as the DNA Backcapture Program - it applies to anyone who has spent time in prison, any time at all, for a crime with a maximum penalty of more than five years.
If that person is charged with any further offence after they leave prison - even if they're not convicted, then they can expect a knock at the door.
Typically, the person is handed a letter, stating that if they decline to provide a sample, a court order will be obtained to compel them - a process all but guaranteed by legislative changes in 2007.
Police say they've collected samples from more than a thousand people, with about 2,000 more to come - none of whom are suspected of committing a new crime.
Assistant Commissioner Peter Cotter says it's a method that helps them solve old crimes, and new ones.
PETER COTTER: Across the whole spectrum of crime types - from minor property type crimes where no one has been hurt all the way through to the real serious types of crimes, such as serious assaults, sexual assaults.
ANGELA LAVOIPIERRE: But solicitor David Porter says it's far too wide a net - catching people who have sometimes spent only days in prison.
DAVID PORTER: Generally speaking, I think most members of the public would agree that we don't need to be performing DNA tests on serial shoplifters.
ANGELA LAVOIPIERRE: He claims it's a waste of resources.
DAVID PORTER: The police are taking the time to seek their DNA. We are taking our time to advise them in relation to it. The police are taking further time to lodge an application with the local court; the local court is taking time to hear that application. I'm not sure what evil it is addressing.
ANGELA LAVOIPIERRE: New South Wales Greens MP David Shoebridge has described the program as an attack on civil liberties, and says it's in desperate need of oversight.
DAVID SHOEBRIDGE: At a minimum, we should be having the ombudsman overseeing this process.
This has been a very secretive operation by the New South Wales Police that we've only really obtained evidence from, anecdotally and that is not good enough when you're talking such a substantial use of police resources and such a significant attack on civil liberties.
CHRIS UHLMANN: And Angela Lavoipierre compiled that report. New South Wales Green's MP, David Shoebridge ending it.
