2. Check that there is a warrant

The police need a warrant or a court order to take a bodily sample from you for a DNA profile. Before you give the police a bodily sample for a DNA profile, check that they have a warrant or court order that says they can take a sample from you.

Your rights

Before taking a bodily sample, the police officer must tell you:

• what the warrant says,
• why the samples are being taken, and
• how the samples will be used to investigate the offence

Getting a warrant

The police must apply for a warrant under the Criminal Code. Before the warrant is issued, a judge determines whether it’s appropriate for the police to get a bodily sample from you.

A bodily sample can only be ordered for people suspected of designated offences such as:

• murder
• sexual assault
• drug trafficking in some cases
• criminal harassment in some cases

The Criminal Code identifies which crimes are designated offences.

Before a judge can order the DNA warrant, there must be reasonable grounds to believe:

• one of the designated offences was committed,
• a bodily sample was obtained from the victim, crime scene or other location involved in the offence,
• the person named in the warrant was involved in the offence, and
• comparing the suspect’s bodily sample with samples from the crime scene will provide evidence about the crime.

The judge will balance your rights against the need to solve crimes and enforce the law.