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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll