What you need to know about the Forensic Evidence Bill, 2024

The Minister of Internal Affairs, Maj. Gen. (Rtd) Kahinda Otafiire has introduced the Forensic Evidence Bill, 2024 in which the Government wants the Directorate of Government Analytical Laboratory (DGAL) to acquire and sore DNA profiles of suspects and convicts in serious crimes.

Following the tabling of the Bill on Tuesday by Denis Hamson Obua, Government Chief Whip on behalf of the Minister, Speaker Anita Among, referred it to the Committee on Defense and Internal Affairs for further scrutiny.

According to the Minister, the Bill if enacted into law will also provide for the regulation of industrial and consumer chemicals and for other related matters.

“The Government wants to provide for a forensic science service in the designation of the Government Analytical Laboratory as the regulatory body for forensic and scientific analytical services and the National Poison Control Centre; to provide for the establishment of the DNA database; to provide for the regulation of industrial and consumer chemicals and for related matters,” stated part of the Bill.

In Clause 2 of the Bill, the Government wants the Government Analytical Laboratory to be designated as the national referral forensic and analytical laboratory whose role is to regulate forensic services and advise Government on matters of forensic and analytical science. By doing so, the Government would establish regional analytical laboratories in eastern, western, northern and central Uganda.

The Directorate of Government Analytical Laboratory (DGAL) under the Ministry of Internal Affairs is proposed to carry out the functions of, conducting research activities. DGAL will also carry out analysis and advice to Government on matters relating to; forensic toxicology; forensic biology; DNA; illicit drugs; ballistics and questioned documents; forensic chemistry; food; drugs; occupational health; industrial and consumer chemicals and products; computer forensics and cybercrime; environmental samples for executing health, legal, social well-being and environmental interventions.

The Directorate will also; regulate chemical, forensic science and human DNA laboratories to ensure compliance with standards; provide, manage and regulate operation of National DNA Database; Manage the National Poison Control Centre; take samples for laboratory testing and make laboratory analysis on any matter of national or public interest to which forensic science, product quality or chemicals
management may be required.

DNA Storage

The Government has been struggling with investigations of high-profile crimes with most of them needing forensic analysis for the prosecution to be able to table admissible evidence to pin suspects during criminal trial in Courts of law.

In the Bill under Clause 8, the Government is seeking to establish the National Human DNA Database (NFDD) which will be a central depository for human DNA records in Uganda. This does not however stop private laboratories from conducting DNA tests but upon enacting of the law, these will submit timely date to DGAL that will be issuing them with operation certificates.

The Government now wants to store with NFDD the DNA profiles of crime scene index, arrestee index, offender index, elimination index, missing persons index, unidentified human remains index, and volunteer index.

Clause 9 (2) of the Bill seeks to ensure storage on the NFDD of the forensic DNA profiles of suspects, arrestees, victim of committed crimes, elimination profile and volunteer’s profile, for purposes of investigating and prosecuting crimes. This means that in such circumstances, the Government Analytical Laboratory upon request of an authorized officer will collect bodily samples from suspects, arrestees, victims and convicts.

According to the provisions of Clause 15, the purpose for DNA profiling is to; detect crime, investigate offenses, conduct prosecutions, identify unidentified human remains or missing persons, research, paternity and relationship testing; and livestock and wildlife animals’ relationship testing.

The same Clause provides for an offense and punishment upon conviction of a fine not exceeding UGX30m or imprisonment of 15 years or both for a person convicted for using or allowing the use of a sample or any forensic DNA profile from any sample for a purpose not in the law.

The Government has also proposed stringent measures for the storage and privacy of the DNA profiles for the people from whom the bodily samples are taken for purposes of detecting crime, investigation and prosecution. Under Clause 19, any person authorized by law to use DNA profiles will have to apply and pay a fee to the DGAL in order to gain access to a DNA profile.

For purposes of safeguarding DNA samples for the people from whom it will be obtained for purposes prescribed under the law, the Government under Clause 20 proposed to store the samples until investigations are completed, but no permanent storage.

Clause 20 (2) provides that DGAL shall expunge the DNA profile in the arrestee index within 3 years after; a decision is taken not to prosecute a person; a person is acquitted at his or her trial; a conviction is set aside on appeal or review; a person is discharged; no criminal proceedings with regard to the forensic DNA profile is instituted against the person concerned; and, the prosecution declines to
prosecute.

For the purposes of DNA profiles for volunteer index shall be expunged within 3 months after a case is concluded, unless a volunteer gives consent for his or her forensic DNA profile to be retained on the database. While Clause 23 provides for registration of analytical laboratories, the Government also wants to register all manufacturers, stores, marketers, transporters, importers and exporters of chemicals in the country.

Offenses

Clause 60 (1) provides for an offense for a person who uses or allows the use of a bodily sample, or any forensic DNA profile derived from a sample contrary to the Act and on conviction is liable to a fine not exceeding UGX30m or imprisonment for 15 years or both.

A person who would be convicted for granting access to DNA profiles without authorization by the DGAL hence a fine of UGX10m or five-year jail term or both. The Government also wants to curb the use of analytical reports for purposes of advertising without the consent of DGAL and to the contrary, that person will on conviction be liable to a fine of UGX2m or one year jail sentence or both, and for a body corporate the fine would be UGX40m with the option of Court ordering cancellation of registration certificate.

The Government also wants to punish those who operate illegal laboratories with a fine of UGX6m or 3 years imprisonment or both upon conviction while the punishment for unauthorized access to DNA profiles or selling a registered chemical without certificate would attract on conviction a fine of UGX10m or five years in jail or both.

Clause 60 (7) proposes that a person who produces, imports, exports, stores, transports or deals in a chemical without a certificate would on conviction be fined UGX40m or face jail sentence of five years or both.