Singapore

From FDNAPI Wiki
Jump to: navigation, search

Singapore set up its DNA database in 2004. According to Interpol, it contained 166,821 reference DNA profiles from individuals, 3,026 crime scene DNA profiles, plus 1,369 other DNA profiles in 2011. A DNA database legislation had been adopted at that time.


Resources

Detailed analysis

Criminal Law (Temporary Provisions) Act[1]

Registration of Criminals Act[2]

The provisions of the two statutes work in tandem to establish and regulate Singapore’s National DNA database.


Criminal Law (Temporary Provisions) Act (Chapter 67) §§ 27 to 27C [added by Act No. 32 of 2004, see Digest of Acts Passed Between 1 September 2004 and 28 February 2005, 17 S. Ac. L.J. 485, 487-88 (2005) (Sing.).]


27. Interpretation of sections 27A, 27B and 27C

(1) In sections 27A, 27B and 27C —

"appropriate consent" means (a) for a person aged 16 years and above, the written consent of that person; (b) for a person aged 14 years and above but below the age of 16 years, the written consent of both that person and of his parent or guardian; and (c) for a person below the age of 14 years, the written consent of his parent or guardian, given to a police officer or officer of the Central Narcotics Bureau in charge of the case after that officer has informed the person concerned, his parent or guardian or both, as the case may be, of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him;

"DNA information" means genetic information derived from the forensic DNA analysis of a body sample;

(2) Subject to subsection (3), the Minister may prescribe additional types of body samples that may be taken under section 27A.

(3) The additional types of body samples that may be prescribed under subsection (2) shall not include samples to be obtained from (a) the genital or anal area of a person’s body; (b) a person’s body orifice other than the mouth; or (c) the breasts of a woman.


27A Taking of photographs, finger impressions, body samples, etc., from person arrested, detained or subject to police supervision


(1) A police officer or officer of the Central Narcotics Bureau may exercise all or any of the following powers in respect of any person referred to in subsection (2): . . . (c) cause body samples of such person to be taken by a person authorised under section 27B (1); or (d) send any photograph, finger impression, record of particulars or body sample so taken or made to the Commissioner of Police for identification and report.

(2) The powers referred to in subsection (1) may be exercised in respect of any of the following persons: (a) a person who, on 21st October 2004, is under arrest and detained under section 44 or 45; (b) a person who, on 21st October 2004, is under detention or subject to supervision under section 30, 32 or 38; (c) a person who, on or after 21st October 2004, is arrested, detained or placed under police supervision under any of the provisions of this Act.

(3) Every person mentioned in subsection (2) shall . . . (c) subject to subsection (5), submit to the taking of his body samples by a person authorised under section 27B (1).

(4) Where any person mentioned in subsection (2) fails, without reasonable excuse, to comply with subsection (3) (a) that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and (b) a police officer or officer of the Central Narcotics Bureau may use such force as is reasonably necessary to take or cause to be taken the photographs, finger impressions and body samples of that person.


27B Further provisions for taking of body samples

(1) For the purposes of section 27A(1)(c), a body sample may only be taken by (a) a registered medical practitioner; (b) a police officer or officer of the Central Narcotics Bureau who has received training for the purpose; or (c) any other suitably qualified or trained person who is duly appointed in writing by the Commissioner of Police as an authorised person for the purpose.


27C Retention of photographs, finger impressions, particulars and body samples taken

(1) The Commissioner of Police shall cause to be maintained . . . (b) a DNA database (whether in a computerised form or otherwise) in which shall be stored all DNA information derived from a body sample taken from a person under section 27A.

(2) Any information stored in the register and the DNA database under subsection (1) may be used for all or any of the following purposes: (a) for comparison with any other information or any other DNA information, as the case may be, obtained in the course of an investigation of an offence conducted by a police officer or officer of the Central Narcotics Bureau; (b) for comparison with information in the register established under section 4 of the Registration of Criminals Act (Cap. 268) or with DNA information in the DNA Database established under section 13F of that Act, as the case may be; (ba) for comparison with information or DNA information, as the case may be, in the register or DNA database, respectively, established under (i) section 26D of the Intoxicating Substances Act (Cap. 146A); or (ii) section 40D of the Misuse of Drugs Act (Cap. 185); (c) for any proceedings for any offence; (d) for administering the register and DNA database for the purposes of this Act; (e) for such other purposes as may be prescribed.

(3) Where any photograph, finger impression, record of particulars or body sample has been taken under section 27A from an arrested person and that person is subsequently released, without being (a) convicted of any offence under this Act; or (b) placed on detention or supervision under this Act, the Commissioner of Police shall cause all such photographs, finger impressions, records of particulars and body samples taken from that person to be removed from the register and DNA database maintained under subsection (1).

(4) For the purposes of subsection (2)(c), . . . (b) any DNA information stored in the DNA database under subsection (1)(b); and (c) any certificate or report purporting to have been compiled or made from information stored in the register or DNA database maintained under subsection (1), shall, if produced from proper custody and authenticated by the signature of the Commissioner of Police or a police officer authorised by the Commissioner of Police, be admissible in evidence in any proceedings, without proof of signature; and, until the contrary is proved, shall be proof of all matters contained therein or appearing thereon. [i.e. creates a rebuttable presumption of whatever the DNA evidence is offered to prove?]


Registration of Criminals Act (Chapter 268) §§ 13A to 13H [added by Act No. 45 of 2002, see Digest of Acts Passed Between 1 September 2002 and 28t February 2003, 15 S. Ac. L.J. 167, 179-80 (2003) (Sing.).]


13A Interpretation of this Part

(1) In this Part — see Singapore Criminal Law (Temporary Provisions) Act § 27.

Body samples may be taken from arrested persons, convicted persons and prisoners. [if normal cannons of statutory construction apply, inclusion of “and prisoners” implies that there are “prisoners” who are not “convicted persons” (accord. Russello v. United States, 464 U.S. 16, 23 (1983) (courts should not construe different terms within the same statute to embody the same meaning.)).


13B.

(1) Subject to the provisions of this Part, a body sample may be taken for forensic DNA analysis from any person who, on or after the date of commencement of the Registration of Criminals (Amendment) Act 2002, (a) is arrested and accused of a crime; (b) is convicted of a crime; or (c) is serving his term of imprisonment in connection with a crime of which he has been convicted.


13C Consent for taking of blood sample

(1) No sample of blood shall be taken from a person who is arrested and accused of a crime unless the appropriate consent is given for the taking of the sample.

(2) If the appropriate consent required under subsection (1) for the taking of a sample of blood from a person is refused without good cause or cannot be obtained despite all reasonable efforts, that person may be taken before a Magistrate and the Magistrate may, if satisfied that there is reasonable cause to believe that the sample may confirm or disprove whether that person was involved in committing the crime, order that the person provide the sample required.

(3) Where it is shown that the appropriate consent required under subsection (1) for the taking of a sample of blood from a person was refused without good cause, the court, in determining (a) whether to commit that person for trial in connection with the crime of which he is accused of committing; (b) whether there is a case to answer against that person; or (c) whether that person is guilty of the crime with which he has been charged, may draw such inference from the refusal as it thinks proper and, based on such inference, may treat the refusal as corroboration or amounting to corroboration of any relevant evidence against that person.[i.e. refusal to submit to DNA sample creates rebuttable corroboration of whatever underlying act warranted the DNA sample?]


13F DNA database

(1) The Registrar shall maintain (whether in computerised form or otherwise) a DNA database in which shall be stored all DNA information derived from a body sample taken from a person under this Part. [i.e. profiles not samples]

(2) Any information stored in the DNA database may be used for any of the following purposes: (a) for forensic comparison with any other DNA information in the course of an investigation of an offence conducted by a police officer; (aa) for comparison with DNA information in the DNA database established under (i) section 27C of the Criminal Law (Temporary Provisions) Act (Cap. 67); (ii) section 26D of the Intoxicating Substances Act (Cap. 146A); or (iii) section 40D of the Misuse of Drugs Act (Cap. 185); (b) for any proceedings for any offence; (c) for administering the DNA database for the purposes of this Part; and (d) for such other purposes as may be prescribed.


13G Removal of DNA information from register upon acquittal or discharge, etc.

Where any body sample has been taken under section 13B(1)(a) from a person who is under arrest and accused of a crime . . . and (a) investigations reveal that he was not involved in the commission of any crime . . . (b) it is decided that he shall not be charged with any crime and he has neither admitted to, nor been dealt with by way of being cautioned by any police officer in respect of any crime; (c) the charge or all the charges against him in respect of any crime or crimes (as the case may be) is or are withdrawn; (d) he is discharged by a court before conviction of the crime or of all the crimes (as the case may be) with which he has been charged; (e) he is acquitted of the crime or of all the crimes (as the case may be) with which he has been charged, at trial or on appeal; or (f) he is subsequently convicted of the crime but the Commissioner of Police directs under section 7 that he need not be registered under Part II, the authorised officer in charge of the case shall immediately inform the Registrar of the occurrence of the relevant event and the Registrar shall immediately remove the DNA information of that person from the DNA database.


13H Removal of registrable particulars, etc., of person upon death or attainment of 100 years of age

The Registrar shall remove from the register and from the DNA database the registrable particulars and DNA information of any person (a) whose death has been registered under the Registration of Births and Deaths Act (Cap.267); or (b) who, the Registrar is satisfied, has attained 100 years of age.




  1. Criminal Law (Temporary Provisions) Act, (2000) Cap. 67, §§ 27 to 27C (Sing.)
  2. Registration of Criminals Act, (1985) Cap. 268, §§ 13A to 13H (Sing.)