header-logo header-logo

17 July 2009 / Keith Soothill , Brian Francis
Issue: 7378 / Categories: Features , Public , Human rights
printer mail-detail

Keeping the DNA link

Keith Soothill & Brian Francis question the scientific argument for keeping innocent people on the DNA database

There is no doubt that the government is in a serious dilemma regarding the judgment of the European Court of Human Rights (ECtHR) delivered last December (S and Marper v The United Kingdom (App Nos. 30562/04 and 30566/04). The unanimous decision by 17 judges produced the damning verdict that the blanket policy in England and Wales of retaining indefinitely the fingerprints and DNA of all people who had been arrested but not convicted was in breach of Art 8 of the European Convention of Human Rights. However, the court did leave the door slightly ajar by agreeing with the government that the retention of the fingerprint and DNA data “pursues the legitimate purpose of the detection, and therefore, prevention of crime”. The question has become one of how far the door should be pushed open.
Opportunity

The Home Office has suggested a new policy and provided the opportunity to comment on the “reasonableness” of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll