Well, I can tell you that in order for a sample to be taken from a convicted offender, there had to be a valid court order. If you have a case where...and I think it's a human factor.
My explanation from talking to judges and prosecutors is that the system is complex. In other words, you have a long murder trial, complex evidence; at the end of it you have a number of determinations again on sentencing that a judge has to make with respect to these serious offences: he has to consider whether or not a prohibition order should be made, or whether an application may be made for a dangerous offender.... There are a number of things that may delay sentencing.
The simple explanation is that in the process, DNA orders were simply overlooked, and that no one considered making an order until it was recognized, perhaps, later. Then the court found itself to be functus—in other words, it had no jurisdiction to make such an order—and without an order, the police wouldn't execute it; therefore, no DNA sample was submitted to the bank for an entry in the convicted offender index. That's the general scenario to explain why only 50% or so of the expected primary offences were being received by the data bank.
This was an attempt to say that at least for these most serious offences the court would be required to make such an order.
We have to perhaps deal with the issue that, if that happened, they would have a 90-day extension to allow the court to go back to revisit it. There are some processes we'll have to look at in terms of that—what happens if a court still forgets—and how we're going to have to deal with that potential.
At the moment, that's the explanation I'd give you for why, in the 50% or so of the primary offences, we were not receiving samples.