We have had many cases where clients are not proceeded against in a court of law (possibly cautioned) or are subsequently acquitted. The keeping of DNA profiles from these individuals on the National Database has been the subject of direction from the European Court of Human Rights in 'S and Marper v UK.' Blanket retention of these samples was said to be unlawful.The government make reforming suggestions in their Home Office consultation paper 'Keeping the Right People on the DNA Database.' Basically kept as follows:
Arrested but not convicted for minor offences: 6 years.
Arrested but not convicted for serious sexual or violent offences: 12 years.
One minor admitted offence by a child (10 to 18 years): until 18 years.
Contrast this with the law in Scotland and the rest of Europe that are building their more modest or targeted databases.
I have one prominent case in mind whereby a 15 year old client of good character in London came to me by recommendation. Arrested for the first time and I believe manifestly innocent of an allegation of rape. He was interrogated at length by the police in the presence of his parents and myself. After many beneficial inquiries he was not proceeded against and yet he has to have his DNA and fingerprints kept by the State for the rest of his life. Is this proportionate and fair or an invasion of his civil liberty and the right to a private life?
DNA profiles. A presumption of guilt or a useful and crucial investigative tool, leading to the solving of many serious crimes that would not otherwise have come to light? Where do you stand on this crucial issue?
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