chapter  5
26 Pages


WithJudge Peter Garde

Inspection of the body as a means of investigation in the criminal process is treated in ss 792ff of the Administration of Justice Act (AJA), a fairly new chapter inserted in 1989 on the basis of an exhaustive report of 1987. DNA sampling is not mentioned in the Act; indeed, DNA as a means of proof was unknown in Denmark in 1989. However, DNA analysis is undoubtedly legitimate if the taking of samples is authorised, and no further legal requirements are necessary. In 1988 and 1989, foreign laboratories carried out DNA analyses in Danish criminal proceedings in, respectively, 1 and 7 cases alongside scientific tests in the Forensic Genetics Section. Defence counsel has the right of disclosure, which normally includes copies of all evidence: s 745, AJA. The hypothetical possibility of limiting his or her right of disclosure–for example, if the safety of the realm is in jeopardy–is of no significance.