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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.
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.