What’s in the DNA ACT; A Practical Assessment of the Remit of the DNA Evidence Act of Jamaica 2016 AND Issues of Admissibility in Criminal Law OBJECT OF THE PAPER: the purpose of this paper is to focus on the themes, which may be of interest to the criminal practitioner. These issues are situated within a general overview of the Act but without delving into any depth outside the given sphere. Mention of the desirability and constitutionality of some aspects of the Act will be interwoven with the other issues to form a minor part of the discussion. Particular focus will be placed on issues relating to the admissibility of DNA evidence in criminal proceedings that the Act addresses. INTRODUCTION The DNA Evidence Act 2016, 1 was enacted on the 17th of February 2016 and commenced shortly thereafter on 1st March 2016. 2 The short period between the enactment and the commencement is certainly surprising. Before the commencement was possible there would have been a lot of preparatory work to be undertaken. The work existed not only in the creation of guidelines/regulations 3 governing its use, but also the prescribed forms required to streamline its operation. There was and is a continuing need to ensure that the forensic laboratory as well as the police are in a position to address the increased volume of work that is to be undertaken. There is also the requirement for training and dissemination of guidelines for the ‘relevant persons’, who have been given power to carry out different aspects of its mandate as well as the education of the citizenry. Jamaica is not alone in the endeavor to create DNA laws and a databank. In fact Jamaica’s foray in the enactment of DNA laws and the establishment of a databank can be probably described as late. Countries such as the UK, USA and many of the members of the European Union, have long established or at least recognized an obligation to create DNA laws and a DNA databank. Similar to the acts of the other countries mentioned, the Act allows the police to take advantage of the developments in forensic science as it impacts on detection and prosecution of criminal offences and the corresponding effect on public safety. Some of the benefits no doubt expected are: positive impact on
Considering the length and compendious nature of the Act a contents section would have been welcome. 2 See Jamaica Gazette Supplement Wednesday February 26, 2016. 3 See Jamaica Gazette Supplement Vol CXL, Fri March 31, 2017, No 23A, ‘DNA Evidence Form Regulations. 1
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