DNA update - Crime and Security Act 2010

Despite concerns that we should be adopting measures which are said to be less fair than Scotland's scheme, the controversial provisions for a six-year period of retention of data even though the person has not been charged has been passed.

We have already considered the principles of the European Court of Human Rights ruling that the indefinite and blanket policy of retaining DNA even of persons who have not been charged or convicted of an offence to be disproportionate and contrary to Article 8 of the European Convention on Human Rights.  We have also had the opportunity of listening to the views of the father of DNA, Sir Alec Jefferys, as well as the Home Secretary, Alan Johnson.

Despite reservations and a healthy debate in Parliament the controversial provisions to introduce a 6 year period of retention for persons who have not been convicted have now found their way onto the statute books in the form of the Crime and Security Bill which was passed on the 7 April 2010.

Even so, we may have to wait and see when the new provisions take effect as they are dependant upon a revised Code of Practice being drawn up and approved after the general election on the 6 May. 


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