Can I be ordered to give a sample of my DNA?
Question & AnswerCan I be ordered to give a sample of my DNA?
2. Prepare sentencing submissions
Having your DNA taken and stored in the National Data Bank is a serious invasion of your privacy and security of person.
Although law enforcement agencies are legally allowed to collect this information, you can try to convince the court to not ask for a DNA sample. To do this, you need to prepare submissions for the court.
In your submissions, tell the court if:
- you’re a first-time offender
- you’re a youthful offender
- the crime you’re of wasn’t a violent crime, or the victim wasn’t injured
- you’ve made plans to address the issues that caused you to commit the crime, which makes a DNA sample no longer necessary
Be prepared to tell the judge why you should not have to give a DNA sample. Try to convince the judge that the possible impact on public interest does not justify the impact on your privacy and security of person.
When making this decision, the judge considers:
- your criminal record if you have one
- the nature of the crime you were found guilty of
- the circumstances at the time of the crime
- the impact a DNA order would have on your privacy and security of person