NATIONAL INSTRUCTION 2 of 2013 THE MANAGEMENT OF FINGERPRINTS, BODY-PRINTS AND PHOTOGRAPHIC IMAGES

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1 NATIONAL INSTRUCTION 2 of 2013 THE MANAGEMENT OF FINGERPRINTS, BODY-PRINTS AND PHOTOGRAPHIC IMAGES TABLE OF CONTENTS CHAPTER 1: CHAPTER 2: CHAPTER 3: CHAPTER 4: CHAPTER 5: CHAPTER 6: CHAPTER 7: CHAPTER 8: CHAPTER 1: BACKGROUND, DEFINITIONS AND GENERAL PRINCIPLES FINGERPRINTS BODY-PRINTS AND PALM PRINTS PHOTOGRAPHIC IMAGES GENERAL HANDLING OF INFORMATION OBTAINED IN ACCORDANCE WITH THIS INSTRUCTION STORAGE AND PROTECTION OF INFORMATION REMOVAL AND EXPUNGEMENT BACKGROUND, DEFINITIONS AND GENERAL PRINCIPLES 1. Background The Criminal Law (Forensic Procedures) Amendment Act, 2010 (Act No. 6 of 2010) regulates the taking, usage, storing, retention and destruction of fingerprints, body-prints and the keeping of databases and authorises comparative searches against other databases and security measures relating to the integrity of information stored on the databases. The purpose of this National Instruction is to regulate the collection, retention and use of fingerprints, body-prints and related information for the detection of crime, the investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conduct of a prosecution to ensure that members render a professional service. 2. Definitions In this instruction, unless the context otherwise indicates, (a) appropriate person means any adult member of a child s family, or a care-giver of the child, which includes any person other than a parent or guardian who factually cares for a child including (i) a foster parent; (ii) a person who cares for a child with the implied or express consent of a parent or guardian of the child; (iii) a person who cares for a child whilst the child is in temporary safe care; Forensic Services V 1.00 Page 1 of 20

2 (iv) (v) (vi) (vii) the person at the head of a child and youth care centre where a child has been placed; the person at the head of a shelter; a child and youth care worker who cares for a child who is without appropriate family care in the community; and the child at the head of a child headed household, if such a child is 16 years or older; (b) (c) (d) (e) authorised person means any member in the performance of his or her official duties and whose official duties include the responsibility to conduct comparative searches on photographic images, fingerprints or body-prints; body-prints means prints, other than fingerprints, taken from a person that relate to a crime scene, but exclude prints of the genitalia, buttocks or breasts of a person; child means any person under the age of 18 years; comparative search means the comparing of fingerprints, bodyprints or photographic images by an authorised person against any database kept by the Service, the Departments of Home Affairs and Transport or any other national state department; (f) Criminal Procedure Act refers to the Criminal Procedure Act, 1977 (Act No. 51 of 1977); (g) (h) (i) (j) (k) (l) fingerprints is the reproduction of the ridge surface of the fingers and also includes the ridge surface of the palm of the hand and the ridge surface of the feet and toes; Fingerprint Enrolment System (FES) means a web-based system where the fingerprints of a person are to be taken electronically and printed on paper; member a member of the Service; quality in relation to fingerprints and body-prints, means fingerprints and body-prints with clearly distinguishable patterns and features that allow the extraction of features for the subsequent matching of fingerprints and body-prints; photographic image means a frontal, left profile and right profile image of the face of a person and any mark, characteristic or distinguishing feature, condition or appearance of a person taken for the purposes of investigation; Schedule 1" refers to Schedule 1 of the Criminal Procedure Act; and Forensic Services V 1.00 Page 2 of 20

3 (m) the Act refers to the Criminal Law (Forensic Procedures) Amendment Act, 2010 (Act No. 6 of 2010). 3. General principles relating to the taking of fingerprints, body-prints, photographic images and ascertaining the bodily features of a person (1) Taking the fingerprints, body-prints or a photographic image of a person or ascertaining the bodily features of a person constitutes an infringement of that person s right to dignity, bodily integrity and privacy and is only permissible if it is done with the consent of the person or is expressly authorised by law. (2) A member who takes the fingerprints or body-prints of any person or ascertains any bodily feature of a person, must (a) have due regard to the privacy, dignity and bodily integrity of the person; (b) do so in a private area, out of view of the public; and (c) as far as reasonably possible, be of the same sex as the person whose fingerprints or body-prints are taken. (3) This paragraph must be read together with the National Instruction on Children in Conflict with the Law. (4) If a member takes the fingerprints or body-prints of a child or ascertains any bodily feature of a child, he or she must (a) ensure that it takes place in the presence of a parent or guardian of the child, a social worker or an appropriate person; and (b) treat and address the child in a manner that takes into account the gender and age of the child. (5) The fingerprints, body-prints or photographic images of a person may only be taken as provided for in this instruction and only for purposes related to the detection of crime, the investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conducting of a prosecution. Forensic Services V 1.00 Page 3 of 20

4 CHAPTER 2: FINGERPRINTS 4. Principles applicable to the taking of the fingerprints of a person (1) Fingerprints must be taken of a person (a) arrested in respect of any offence referred to in Schedule 1; (b) released on bail, if such person s fingerprints were not taken upon arrest; (c) upon whom a summons has been served in respect of any offence referred to in Schedule 1; (d) convicted by a court and sentenced to a term of imprisonment, without the option of a fine, whether suspended or not, if the fingerprints were not taken upon arrest; (e) (f) convicted by a court in respect of any offence which has by notice in the Gazette by the Minister of Justice and Constitutional Development been declared to be an offence for the purposes of section 36A of the Criminal Procedure Act; and whose name must be included in the National Register for Sex Offenders. (2) In addition to the circumstances referred to in subparagraph (1), the fingerprints may be taken of a person who (a) has been arrested upon any charge; or (b) is deemed under section 57(6) of the Criminal Procedure Act (an admission of guilt fine), to have been convicted in respect of an offence which has by notice in the Gazette by the Minister of Justice and Constitutional Development been declared to be an offence. (3) Fingerprints of the person must be taken on form SAPS 76 using the conventional method (ink). If the Fingerprint Enrolment System (FES) has been implemented, the member must, if possible, take the fingerprints with the electronic capturing device. (4) Form SAPS 76 must be completed in full before an arrested person is detained in a police cell or lock-up. (5) If all fingers of a person have been amputated, permanently damaged or is deformed to such an extent that there is no ridge detail available or it is not usable for identification purposes, the toe impressions of the person must be recorded on form SAPS 76. The space provided for the plain impression must be used for this purpose. In such a case, the member must record on the SAPS 76 the fact that toe impressions were taken and the reason therefor. (6) A form SAPS 76 without fingerprints, or alternatively, toe prints received by the Local Criminal Record Centre, may not be processed and must be returned to the place of origin. Forensic Services V 1.00 Page 4 of 20

5 5. Procedure after the taking of fingerprints (1) The investigating officer must ensure that the fingerprints that have been taken of a person, are clear, of sufficient quality and that the information captured on the SAPS 76 is complete and correct (see Standing Order (G) 301 for instructions on deleting or changing information on a form). (2) The completed form SAPS 76 must, within 3 working days after the fingerprints have been taken, be forwarded to the Local Criminal Record Centre for processing and comparative searching. (3) The Local Criminal Record Centre must, after receipt of the completed form SAPS 76, issue a form SAPS 69 (or an acknowledgement of receipt if the person has already been convicted in court). 6. Quality control over fingerprints (1) The commander or a member designated by him or her, must verify that, the fingerprints of the person have been taken on the appropriate forms and are of sufficient quality. (2) If the fingerprints of the person are of insufficient quality, the investigating officer must retake the prints or ensure that they are retaken. (3) Fingerprints taken on a previous occasion, must be retaken if (a) they do not constitute a complete set of a person s fingerprints; (b) they are of insufficient quality or were not taken as indicated on the form, to allow satisfactory analysis, comparison or matching; (c) they were lost, misfiled or not stored on a database of the Service; (d) so requested by the Local Criminal Record Centre; or (e) so requested by the investigating officer in the case of a person arrested for a Schedule 1 offence. (4) The commander of the member taking the fingerprints or a member designated by the commander must check the form SAPS 76 to ensure that (a) the fingerprints of the person were taken correctly and that the prints are of sufficient quality; (b) all the required information has been recorded on the form; and (c) the information provided on the form is legible. (5) Once the commander or the designated member is satisfied that the provisions contained in subparagraph (1) and (4) are complied with, he or she must sign the form SAPS 76 to certify that the form is correctly completed. Forensic Services V 1.00 Page 5 of 20

6 7. The taking of fingerprints for investigative purposes (1) A member may, without a warrant, take the fingerprints of a person or a group of persons if there are reasonable grounds to (a) suspect that the person or one or more of the persons in that group has committed an offence referred to in Schedule 1; or (b) believe that the fingerprint or the results of the examination thereof will be of value in the investigation by excluding or including one or more of those persons as possible perpetrators of the offence. (2) The fingerprints must be taken on form SAPS 192 with the conventional method (ink) or, if the Fingerprint Enrolment System (FES) has been implemented, with the electronic capturing device. The SAPS 192 must be completed in full before the person, if a suspect, is detained or released on bail or warning. (3) Fingerprints taken for investigation purposes may be subjected to a comparative search by an authorised person. (4) Fingerprints taken in terms of section 113 of the Firearms Control Act, 2000 (Act No. 60 of 2000) and section 9 of the Explosives Act, 2003 (Act No. 15 of 2003) must also be dealt with as set out in subparagraph (2). (5) The commander must ensure that fingerprints for the purpose of exclusion or inclusion are taken (especially when requested by the Local Criminal Record Centre). (6) The commander of the investigating officer or a member designated by the commander must check the quality of the fingerprints and the correct completion of the fingerprint forms before forwarding the completed form SAPS 192 to the Local Criminal Record Centre within 3 working days after having taken the fingerprints of the person. 8. The taking of fingerprints of deceased persons for identification purposes (1) Unknown deceased person (a) (b) The investigating officer must take two sets of the fingerprints of an unknown deceased person on form SAPS 91(a) and must, within 3 working days, forward them to the Component: Criminal Record and Crime Scene Management. The fingerprints taken may be subjected to a comparative search by an authorised person. (2) Person who dies while in police custody The investigating officer must take two sets of the fingerprints on form SAPS 91(a) of a person who died while in police custody. A completed Notice of Death must be attached to form SAPS 91(a) and be Forensic Services V 1.00 Page 6 of 20

7 forwarded to the Local Criminal Record Centre within 3 working days after having taken the fingerprints. (3) Person who dies while in the custody of Correctional Services The Component: Criminal Record and Crime Scene Management must process the fingerprints (SAPS 91(a)) and Notice of Death) of a deceased prisoner once they are received from the Department of Correctional Services. Forensic Services V 1.00 Page 7 of 20

8 CHAPTER 3: BODY-PRINTS AND PALM PRINTS 9. Taking of palm prints on form SAPS 218 (1) The member who effects the arrest of a person in respect of an offence referred to in subparagraph (4), must take a set of palm prints of that person on form SAPS 218 (one form for each hand) using the conventional method (ink) or, if the Fingerprint Enrolment System (FES) has been implemented, with the electronic capturing device. (2) The form SAPS 218 must be completed in full before the person is locked-up in a police cell or lock-up. (3) The member must ensure that the relevant CR/CAS number is correctly inserted on the SAPS 218 before it is dispatched to the Local Criminal Record Centre. (4) A set of palm prints must be taken of a person that has been arrested for any of the following offences: Contact crimes: Murder and attempted murder; robbery and attempted robbery (including hijacking, truck hijacking, bank robbery, robbery of cash in transit, robbery at residential and business premises; and rape and attempted rape. Property-related crimes Housebreaking and theft; attempted housebreaking; any offence in terms of legislation relating to precious metals or precious stones; any offence in terms of legislation relating to endangered species; theft of a motor vehicle and attempted theft of a motor vehicle; theft from a motor vehicle and attempted theft from a motor vehicle; theft from a building and attempted theft from a building, excluding shoplifting; theft from railway trucks and containers and attempted theft from railway trucks and containers; and use of motor vehicle without owner s consent. Crimes dependent on police action for detection Illegal possession of a firearm; possession of property suspected to be stolen; possession of housebreaking implements; possession of car-breaking implements; drug and drug trafficking related offences (Drug and Drug Trafficking Act, 1992 (Act No. 140 of 1992); and the illegal possession, manufacturing and storage of explosives (Explosives Act, 1956 (Act No. 26 of 1956)). Forensic Services V 1.00 Page 8 of 20

9 (5) The set of palm prints (on forms SAPS 218) must be attached to form SAPS 76 and be sent to the Local Criminal Record Centre within 3 working days after having taken the fingerprints and palm prints of the person. 10. The taking of body-prints for investigative purposes (1) A member may, without a warrant, take the body-prints of a person or a group of persons if there are reasonable grounds to (a) suspect that the person or one or more of the persons in that group has committed an offence referred to in Schedule 1; or (b) believe that the palm prints or the results of examination thereof will be of value in the investigation by excluding or including one or more of those persons as possible perpetrators of the offence. (2) A member must take a body-print of an arrested person if so requested by the Local Criminal Record Centre for comparison by an authorised person with latent crime scene prints. (3) The palm prints and fingerprints must be taken on form SAPS 192 with the conventional method (ink). The SAPS 192 must be completed in full before the person, if a suspect, is detained or released on bail or warning. (4) The body-prints must be taken in black ink or with powder on a blank paper of appropriate size but not smaller than A4. The name and surname of the arrested person, his or her identity number or passport number, date of birth and the case details (particulars of the offence, name of station and CAS number) must be written with a pen in black at the top of the paper. Both the member who took the body-prints and the arrested person must sign the document containing the body-prints. The page with the body-print must be attached to the form SAPS 192. (5) Form SAPS 192 and the page with the body-prints attached to it must, within 48 hours, be forwarded to the Local Criminal Record Centre. (6) Palm prints and body-prints taken for investigative purposes may be subjected to a comparative search by an authorised person. (7) Palm prints and body-prints taken in terms of section 113 of the Firearms Control Act, 2000 (Act No. 60 of 2000) and section 9 of the Explosives Act, 2003 (Act No. 15 of 2003) must also be dealt with as set out in subparagraphs (3) and (4). 11. Quality control over body- and palm prints (1) The commander of the investigating officer or a member designated by the commander, must verify that, the palm prints and body-prints of the Forensic Services V 1.00 Page 9 of 20

10 person were taken on the appropriate forms and are of sufficient quality. (2) If the palm prints and body-prints of the person are of insufficient quality, the investigating officer must retake the prints or ensure that they be retaken. (3) Palm prints taken on a previous occasion, must be retaken if (a) they do not constitute a complete set of a person s palm prints; (b) they are of insufficient quality or were not taken as indicated on the form, to allow satisfactory analysis, comparison or matching; (c) they were lost, misfiled or not stored on a database of the Service; or (d) so requested by the Local Criminal Record Centre or the component: Criminal Record and Crime Scene Management. (4) The commander of the member taking the prints or a member designated by the commander must check the form SAPS 218 and any body-prints attached to it to ensure that (a) the prints of the person were taken correctly and that the prints are of sufficient quality; (b) all the required information has been recorded on the form; and (c) the information recorded on the form is legible. (5) Once the commander or the designated member is satisfied that the provisions contained in subparagraph (1) are complied with, he or she must sign the form SAPS 218 to certify that the form is correctly completed, and sign the page containing the body-prints attached to the form. Forensic Services V 1.00 Page 10 of 20

11 CHAPTER 4: PHOTOGRAPHIC IMAGES 12. The taking of photographic images (1) A photographic image of a person must be taken if the person is (a) arrested on any charge referred to in Schedule 1; (b) released on bail on a charge referred to Schedule 1 (if a photographic image was not taken upon arrest of the person); and (c) convicted of a sexual offence and his or her name must be included in the National Register for Sex Offenders. (2) In addition to the circumstances referred to in subparagraph (1), a photographic image may also be taken of a person if he or she is (a) arrested upon any charge; and (b) released on bail in respect of any charge (if no photographic image was taken upon the arrest of the person). (3) After having arrested a person, the member who arrested him or her is responsible to take a photographic image of the person. The photographic image must depict a full frontal, left profile and right profile image of the face of the person. (4) The photographic image must be taken with an official camera issued for that purpose. (5) If the National Photographic Image System (NPIS) is readily available, the photographic image must be taken and stored on the NPIS and a NPIS report must be printed and attached to form SAPS 76 before it is forwarded to the Local Criminal Record Centre for processing. (6) The investigating officer must capture and store a photographic image on NPIS within three working days from the date the image was taken. (7) If the photographic image was taken but cannot be stored on NPIS, the photographic image must be saved to disk, memory stick or camera memory card (SD card) and the disk, memory stick or camera memory card must be forwarded to the Local Criminal Record Centre within three working days after capturing the photographic image. (8) The Local Criminal Record Centre must evaluate the photographic images within 48 hours to determine compliance with quality and standard operating procedures. If the standard operating procedures have not been complied with, it must be reported to the relevant station commander. (9) The commander of the member who took the photographic images must ensure that the photographic image is taken and that the NPIS reference number is recorded on form SAPS 76, and also, if applicable, Forensic Services V 1.00 Page 11 of 20

12 on form SAPS 218. In the case where an official camera was used that is not linked to an NPIS, the applicable photographic image must be forwarded electronically or made available to the Local Criminal Record Centre. (10) Photographic images taken may be subjected to a comparative search by an authorised person. 13. Procedure to obtain a photographic image of a person reported as missing (1) The investigating officer may request Criminal Record and Crime Scene Management in writing to assist with obtaining a photographic image of a person who was reported missing. (2) The name, surname and identification number of the missing person must be provided on the form attached hereto as Annexure A. (3) A photographic image of a missing person may be subjected to a comparative search by an authorised person. (4) Any information regarding a missing person at the disposal of the Component: Criminal Record and Crime Scene Management must be provided to the investigating officer and also the Bureau for Missing Persons. 14. The taking of photographic images of unknown deceased persons for identification purposes (1) A photographic image of the unknown deceased person must be taken and be forwarded to the Bureau for Missing Persons. (2) A photographic image of the clothing, jewellery, scars, tattoos or other mark, characteristic or distinguishing feature of the person must also be taken and forwarded to the Bureau for Missing Persons. (3) The information outlined in subparagraphs (1) and (2) must be collected and must, as soon as may be reasonably possible, but in any event, within 7 days, be forwarded to the Bureau for Missing Persons. (4) Photographic images taken may be subjected to a comparative search by an authorised person. 15. Quality control over photographic images (1) The detective commander, or a member designated by him or her, must verify that the photographic images of the person are of sufficient quality. Forensic Services V 1.00 Page 12 of 20

13 (2) If the photographic images of the person are of insufficient quality, the investigating officer must retake the photographic images or instruct that they be retaken. (3) Photographic images taken on a previous occasion, must be retaken if (a) they are of insufficient quality to allow satisfactory analysis, comparison or matching; (b) they were lost, misfiled or not stored on a database of the Service; or (c) so requested by the Local Criminal Record Centre. (4) The commander of the member taking the photographic image or a member designated by the commander must ensure that the NPIS report has been printed and is attached to form SAPS 76 to ensure that (a) the photographic image of the person was taken correctly and that the image is of sufficient quality; and (b) the NPIS reference number is recorded on form SAPS 76, and also, if applicable, on form SAPS 218. (5) Once the commander or the designated member is satisfied that the provisions contained in subparagraph (1) and (4) are complied with, he or she must sign the form SAPS 76 and, if applicable, on form SAPS 218 to certify that the form is correctly completed. Forensic Services V 1.00 Page 13 of 20

14 CHAPTER 5: GENERAL 16. Ascertaining of the bodily appearance of a person (1) A member may take the steps that are reasonably necessary to ascertain whether the body of a person arrested upon any charge or any such person released on bail, has any mark, characteristic or distinguishing feature or shows any condition or appearance, provided that a member may not (a) take a blood sample of any person; and (b) examine the body of a person who is of a different sex to that of the member. (2) The member who has examined the body of a person, may take a photographic image of the mark, characteristic or distinguishing feature, condition or appearance for the purpose of investigation. Images so taken must be filed in a sealed envelope under A in the case docket as they have evidential value. Forensic Services V 1.00 Page 14 of 20

15 CHAPTER 6: HANDLING OF INFORMATION OBTAINED IN ACCORDANCE WITH THIS INSTRUCTION 17. The utilization of information (1) Any fingerprints, body-prints or photographic images taken in terms of this National Instruction may be used for purposes of the detection of crime, the investigation of an offence, the identification of a missing person, the identification of unidentified human remains or for prosecution. (2) Any fingerprint, body-print or photographic image taken in terms of this National Instruction may be utilised for purposes of conducting a comparative search against the databases of the Departments of Home Affairs, Transport or any other national department, irrespective of whether the photographic images or prints stored on these databases were collected before or after the coming into operation of the Act. (3) Access to the databases referred to in subparagraph (2) must take place in accordance with the directives that may from time to time be determined by the Divisional Commissioner: Forensic Services. 18. Proper conduct relating to fingerprints, body-prints and photographic images (1) The Act creates a number of specific offences that are intended to protect the integrity of information relating to the previous convictions and identity of persons. (2) The Act prescribes that imprisonment of up to 15 years may be imposed upon any person convicted of any of the offences referred to in subparagraph (1). (In this regard, members attention is specifically drawn to sections 2, 6, 8 and 10 of the Act and the amendments brought about to other legislation by these sections.) (3) The said offences are not the only offences that may be committed by a member. In addition to the said offences, a member may be convicted of offences (such as defeating or obstructing the course of justice, perjury, fraud, etc.) depending on the nature of the conduct of the member. (4) In addition to exposing himself or herself to a conviction of one of the offences referred to above, a member may also be charged in a disciplinary hearing following upon his or her conduct. Furthermore, the Service may be exposed to civil claims flowing from such conduct. Forensic Services V 1.00 Page 15 of 20

16 (5) If there are reasonable grounds to believe that a member has committed an offence referred to in subparagraph (2), a case docket must be opened and registered on CAS to ensure its proper investigation. 19. Responsibility when reporting the result of a trial (1) The investigating officer must forward the result of a trial to the Local Criminal Record Centre on a form SAPS 69 within 7 days from the decision of the court that has finalised the case (a) after sentence had been imposed; (b) if a decision was taken not to prosecute the person; (c) if the person was acquitted; (d) if a conviction is set aside by a superior court; or (e) if a person is discharged at a preparatory examination. (2) The result of a trial must be processed by the Local Criminal Record Centre within 30 days after receipt. (3) The Local Criminal Record Centre must within 30 days after being so notified, destroy the fingerprints of the person if the (a) decision was taken not to proceed with a prosecution of a person; (b) person was acquitted; (c) conviction of the person is set aside by a superior court; or (d) person is discharged at a preparatory examination. 20. Procedure when an accused person denies previous convictions in court If a person denies a previous conviction, the following documents must be forwarded to the Component: Criminal Record and Crime Scene Management: (a) A set of fingerprints on form SAPS 76; The word DENIAL must be written clearly at the top of the front of the SAPS 76 in red. (b) (c) (d) (e) (f) (g) (Information of the current case must be completed on form SAPS 76); a copy of the current form SAPS 69 of the person; a covering letter (SAPS 21) containing the (i) full name and surname of the person; (ii) station where the person was charged; (iii) relevant CR/CAS number; and (iv) fingerprint number previously recorded on form SAPS 76; the Local Criminal Record Centre FIMS (Fingerprint Identification Management System) enquiry number, if available; the date of the next appearance of the person in court; the court where the person is to appear and the court case number; the relevant Local Criminal Record Centre that was responsible for the processing of the fingerprints; and Forensic Services V 1.00 Page 16 of 20

17 (h) the particulars and contact details of the investigating officer in the present case. 21. Procedure when a convicted person admits to previous convictions not indicated on the criminal record report If it appears that, for any reason, a person has a previous conviction that is not reflected on form SAPS 69, (a) form SAPS 69 (if the case was remanded) and all available details regarding the omitted conviction must be returned to the Local Criminal Record Centre; (b) (c) a new set of fingerprints of the person must be provided to the Local Criminal Record Centre (the station and CAS number of the current case(s) must be recorded on form SAPS 76 and, if applicable, on form SAPS 76(a)); and in the case of a convicted person, the Local Criminal Record Centre must immediately be informed of the omitted conviction(s). All available details of the conviction(s) must be supplied on form SAPS Affidavit or solemn declaration issued in terms of section 212 of the Criminal Procedure Act A member of the Division: Forensic Services may make an affidavit or solemn declaration in terms of section 212 of the Criminal Procedure Act in respect of the collection, processing or identification of fingerprints or body-prints. Forensic Services V 1.00 Page 17 of 20

18 CHAPTER 7: STORAGE AND PROTECTION OF INFORMATION 23. Storage of fingerprints, body-prints and photographic images (1) The fingerprints of a convicted person must be stored in electronic format on a database that is maintained by the Divisional Commissioner: Forensic Services. (2) Body-prints (on paper) of a convicted person must be stored in the Local Criminal Record Centre docket if it was not handed in during court proceedings. (3) A photographic image of a convicted person must be stored on NPIS. 24. Security measures and integrity of information stored on the databases of the Service (1) The minimum security measures in terms of the Information System and Information Communications Technology Security policy and standards (reference 3/21/4) must be applied to ensure that an effective and consistent level of security management is applied in order to protect the Corporate Systems of the Service, the data and applications against unauthorized access and disclosure, and to protect its computer hardware, software and data from accidental or deliberate unauthorized changes, destruction, disposal and removal. (2) The Head of the Component: Criminal Record and Crime Scene Management must annually carry out a risk assessment and compile a report on his or her finding in this regard to the Divisional Commissioner: Forensic Services. (3) The Head of the Component: Criminal Record and Crime Scene Management must determine the minimum standards for securing the integrity of information stored in terms of this National Instruction and must revise the standards annually. The Head of the Component: Criminal Record and Crime Scene Management must annually compile a report thereon and provide the report to the Divisional Commissioner: Forensic Services. (4) Monthly assessments must be undertaken by the commanders of the Local Criminal Record Centres and sections within the Component: Criminal Record and Crime Scene Management to determine whether the minimum standards, referred to in subparagraph (3), are complied with and a certificate of compliance must be forwarded to the Divisional Commissioner: Forensic Services. Forensic Services V 1.00 Page 18 of 20

19 25. Protection of information (1) The Divisional Commissioner: Technology Management Services must ensure that the security functionality of the Corporate Systems of the Service perform consistently as specified. (2) Manual techniques must be utilized regularly to verify that all required security mechanisms and procedures are in place and function correctly. (3) The Divisional Commissioner: Technology Management Services must annually (at the end of every financial year) submit a certificate to the National Commissioner (a copy of this certificate must be submitted to the Divisional Commissioner: Forensic Services) to confirm that all required security mechanisms and procedures are in place and function correctly. (4) The Head of the Component: Government Security Regulator must carry out an annual security risk assessment with regard to physical infrastructure, to ensure the safe guarding of criminal records. The report on the findings shall be communicated to the National Commissioner via the Divisional Commissioner: Forensic Services. 26. Keeping of statistics (1) The Divisional Commissioner: Forensic Services is responsible to electronically keep criminal records and information collected, stored and analysed in terms of this Instruction, and maintains statistics of exhibits collected from crime scenes and analysed by the Division: Forensic Services. Forensic Services V 1.00 Page 19 of 20

20 CHAPTER 8: REMOVAL AND EXPUNGEMENT 27. Removal of finger-, body-prints and previous convictions (1) The fingerprints, body-prints taken of any person (including a child) in terms of this National Instruction, must, in terms of sections 36B, 36C and 37 of the Criminal Procedure Act, be destroyed within 30 days after the Divisional Commissioner: Forensic Services has been notified that the (a) person will not be prosecuted or that no criminal proceedings relating to such fingerprints, body-prints or photographic images will be instituted in any court against the person; (b) (c) (d) person was acquitted at his or her trial; conviction of the person was set aside by a superior court; or person was discharged at a preparatory examination. (2) The Divisional Commissioner: Forensic Services must ensure that the the fingerprints of a person who was convicted of an offence while that person was a child, are, upon receipt of a certificate of expungement, issued by either the Director General or Minister of Justice and Constitutional Development, removed in accordance with section 87 of the Child Justice Act read together with relevant provisions of the National Instruction on Children in Conflict with the Law. (3) The Divisional Commissioner: Forensic Services must ensure that the the fingerprints of a person who was convicted of an offence are, upon receipt of a certificate of expungement, issued by either the Director General or Minister of Justice and Constitutional Development, removed in accordance with sections 271B and 271C of the Criminal Procedure Act. (4) The Head of the Component: Criminal Record and Crime Scene Management must, within 21 working days after receipt of the certificate of expungement, or in the case of a child, on the written request of the applicant, in writing confirm that the criminal record of the person has been expunged and, in the case of the conviction of an adult, attach a copy of the certificate of expungement. Forensic Services V 1.00 Page 20 of 20