Verily1,

"I had never heard the term "back-capture" until now? Anyone else?"


It's a first for me as well.

Did some digging and came up with this info below.......................seems like it's something Trevor Plod and his assistant, Constable Dibble would be talking about.



http://www.geoffharrison.com.au/blog/back-capture-of-dna-profiles/#:~:text=Second%2C%20enable%20DNA%20back%20capture,with%20another%20indictable%20offence%3B%20%E2%80%A6%E2%80%9D

Back Capture of DNA Profiles

Section 75A of the Crimes (Forensic Procedures) Act 2000 (“the Act”) has been put in place to back capture a persons DNA where the person has served a custodial sentence and is then subsequently served with a further court attendance notice for an indictable offence. As set out in the case of Daley v BrownPittman v Brown [2014] NSWSC 144 the subsequent court attendance notice need not be on foot at the time and in fact there is no requirement that the subsequent offence be proven. However, the court should not order the procedure unless satisfied that carrying out of the forensic procedure is justified in all of the circumstances as per s75L of the Act.

CRIMES (FORENSIC PROCEDURES) ACT 2000 – SECT 75A

Forensic procedures and offenders to which Part applies

(1) Intimate forensic procedures to which Part applies This Part applies to the following intimate forensic procedures:

(a) the taking of a sample of blood,

(b) the carrying out of an other-administered buccal swab.

(2) Non-intimate forensic procedures to which Part applies This Part applies to the following non-intimate forensic procedures:

(a) the taking of a sample of hair other than pubic hair,

(b) the carrying out of a self-administered buccal swab.

(3) This Part applies to any person:

(a) who has served a sentence of imprisonment for a serious indictable offence in a correctional centre or other place of detention, and

(b) who is served with a court attendance notice in respect of an indictable offence,

if it appears that the person’s DNA profile is not contained in the offenders index of the DNA database system (an

“untested former offender” ).

CRIMES (FORENSIC PROCEDURES) ACT 2000 – SECT 75L

Court order for carrying out forensic procedure on untested former offender

(1) A police officer may apply to any court for an order for the carrying out of a forensic procedure to which this Part applies on an untested former offender.

(2) A court may order the carrying out of a forensic procedure under this section if satisfied that the carrying out of the forensic procedure is justified in all the circumstances.

Daley v BrownPittman v Brown [2014] NSWSC 144 (5 March 2014)