The Ugandan government has introduced a new piece of legislation aimed at modernizing and regulating the use of forensic science in criminal investigations.
The Forensic Evidence Bill, 2024, presented by Government Chief Whip Hon. Denis Hamson Obua, seeks to establish a framework for better management and oversight of forensic practices, with a particular focus on DNA profiling.
At the heart of the proposed Bill is the creation of a National DNA Database, which will serve as a centralized digital repository for DNA profiles. The database will be managed by the Directorate of Government Analytical Laboratory (DGAL) and will play a crucial role in improving the country’s justice system and enhancing public safety.
Key provisions in the Bill include regulations on the collection of bodily samples for DNA testing, the handling of DNA profiles, and the proper storage, retention, and destruction of biological samples. The legislation emphasizes the importance of protecting privacy and ensuring that DNA data is used only for lawful purposes, such as in criminal investigations or legal proceedings.
The Bill outlines strict protocols for the retention of DNA profiles. For example, if an individual is arrested but not charged, or if they are acquitted or the case is dismissed, their DNA profile must be removed from the database after three years. DNA profiles collected from volunteers will only be retained with their consent and must be deleted within three months of case completion unless the volunteer agrees to its continued storage.
In an effort to safeguard against misuse of DNA data, the Bill imposes heavy penalties for unauthorized access or use of DNA information, with fines of up to Shs30 million or imprisonment of up to 15 years for violators.
The legislation also mandates that the Government Analytical Laboratory be designated as the regulatory authority for forensic science services. Additionally, it calls for the establishment of regional forensic laboratories to provide more widespread access to these services across Uganda.
The Speaker of Parliament, Anita Among, has referred the Bill to the House Committees on Defence and Internal Affairs for further review and consideration. If passed, this Bill will mark a significant step forward in enhancing forensic science and strengthening the country’s criminal justice system.
