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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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