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11 December 2008
Issue: 7349 / Categories: Legal News , Public , Human rights
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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
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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