A DNA order, made by a judge, allows the police to take a sample of bodily substances (such as saliva or blood) from an offender. The substance is taken for the purpose of creating a DNA profile, which is stored in a databank. The databank is maintained by the RCMP and can be used to assist with future police investigations.
Depending on the type of criminal offence that an offender has been found guilty of, the Crown may ask the judge to make a DNA order.
Whether or not a DNA order is given depends largely on the type of criminal offence in question. Some offences are “primary designated offences” such as assault with a weapon or robbery, while others are “secondary designated offences” such as assault or threatening. Judges are more likely make DNA orders if an offender is found guilty of a primary designated offence than a secondary designated offence. The judge will listen to the submissions of the Crown and the offender’s lawyer (or duty counsel) in deciding whether to make a DNA order or not.
DNA samples are often taken right in the courthouse, although sometimes the offender will have to go to a police station to have the sample taken.