At the end of this year, the police themselves are going to do the DNA analysis for which the specialists of the Netherlands Forensic Institute (NFI) are currently called in. In addition, the thresholds for taking DNA from suspects will be lowered in the future. DNA is expected to play a greater role in locating people.
Minister Grapperhaus (CDA) wrote to the House of Representatives in late January that the police are preparing to do their own analysis of DNA traces at crime scenes. To do this, the police must meet certain criteria so that the DNA analysis is accepted as evidence by the court. Grapperhaus expects the police to be "accredited" for this by the end of 2018. In all likelihood, this accreditation will also allow the police to analyze DNA collected from suspects themselves.
Recently published doctoral research shows that DNA is more likely to be used as an investigative tool if it is analyzed on the spot. In addition, the NFI regularly faces capacity shortages. The police will no longer depend on it in the future.
Lower thresholds DNA collection
Separate from the above police accreditation, there is a draft bill to make it easier to collect DNA from people. Grapperhaus writes in the aforementioned letter to the House of Representatives, "Indeed, [...] it is proposed to drop the requirement of serious objections as a condition for taking cellular material."
Currently, there must be"serious objections" to take DNA from suspects. 'Serious objections' means that there must be more than just a vague suspicion that someone committed a crime. This criterion will be dropped with this bill, so that DNA may be taken from people even if there is only a vague suspicion.
Lowering thresholds in DNA testing is a long-running trend. There are now more than a quarter of a million people in the database, including 27,521 who were minors when their DNA was collected (status at the end of 2016).
Broaden almost all investigative powers
This draft bill is part of the overall revision of the Code of Criminal Procedure governing investigative powers. That code, according to the minister, is outdated and is being rewritten for that reason.
The government is taking this opportunity to stealthily expand the powers available to investigative agencies. This applies not only to easier DNA collection, but to almost all powers. The Dutch Bar Association says(pdf): "Almost all coercive measures and powers will be expanded - and sometimes significantly." The judiciary also notes (pdf) that with the rewriting of the code, "coercive measures can suddenly be applied in many more situations and in respect of more persons - including family members and acquaintances of suspects."
The rewritten codes are expected to be considered in the House of Representatives in 2019.
