header-logo header-logo

11 December 2008
Issue: 7349 / Categories: Legal News , Public , Human rights
printer mail-detail

DNA retention under review

Ruling will prompt legislative change for DNA database

The European Court of Human Rights has unequivocally condemned the indefi nite retention of the DNA of those not convicted of any crime.

In S & Marper v UK, the court held that samples from innocent people should be removed from the database as retention was incompatible with the right to a private life.

Since its introduction in 1995, it has been common practice for those arrested on suspicion of committing a crime to have a DNA sample taken and added to the national database.

Lawyers say the judgment will have far reaching effects not only in terms of the database, but also in the interpretation of Art 8 of European Convention on Human Rights.

Alli Naseem Bajwa, barrister at 25 Bedford Row, says that the government must now consider its options. “The law must change. I favour the simple removal of the DNA samples and profi les of all unconvicted persons, it is clear, consistent and most importantly, just,” he says.

Alternatively, he says, the government may choose to mirror the Scottish database model, which allows for the retention of DNA for a limited period dependent on the category of offence for which the person was arrested, or opt to keep the DNA of every person visiting or living in Britain on the DNA database indefinitely.

“Given the current administration appears to be missing a civil liberties gene,
this last option is bound to be given serious consideration,” he adds.

While the government considers its options, however, the existing law on the taking and retention of DNA and fingerprints remains in place. Chris Sims, Association of Chief Police Officers lead on Forensics and Chief Constable
of Staff ordshire Police says: “Police will continue to take DNA from those people arrested for crimes and will investigate crimes and bring offenders before the court using DNA evidence until such time as there is a legislative change.” (See Law report, p 1755.)

Issue: 7349 / Categories: Legal News , Public , Human rights
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll