'No DNA record for innocent people'

12 April 2012

The law must be changed to stop police keeping DNA samples from innocent people, an influential committee said.

The Nuffield Council on Bioethics also urged ministers to drop plans to take DNA from people who have committed less serious crimes such as speeding or littering.

The council said while the National DNA Database is a valuable crime-fighting tool, more safeguards are needed to protect the liberty and privacy of innocent people. Currently, police can permanently store DNA taken from people who have been arrested even if they are later found to be innocent.

The council recommended that only DNA from convicted criminals should be archived. The only exception should be samples from people accused of serious violent or sexual offences, which should be stored for five years, the experts said.

Council chairman Professor Sir Bob Hepple QC, emeritus master of Clare College and emeritus professor of law at Cambridge University, said: "Innocent people are concerned about how their DNA might be used in future if it is kept on the National DNA Database without their consent."

Police can take DNA samples - by force, if necessary - from anyone arrested for a "recordable" offence - in other words, mostly those offences that can lead to a prison sentence. The DNA is then stored indefinitely on the National DNA Database, which currently holds more than three million samples.

In March the Government asked for feedback on whether laws should be changed to further expand these powers.

A review of the Police and Criminal Evidence Act suggested allowing officers to store DNA from people arrested for "non-recordable" offences, including dropping litter, fouling the pavement, throwing fireworks and trespassing on the railway, as well as some minor motoring offences such as speeding, failure to wear a seatbelt and parking offences. The council's report said these proposals should be dropped.

Prof Hepple said: "After careful consideration, we do not think that this is justified at the current time. We would like to see the police put more resources into the collection of DNA from crime scenes, rather than from individuals suspected of minor offences."

Currently, fewer than 20% of crime scenes are forensically examined, said the report. It also advised against setting up a universal DNA database of everyone in the country.

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