Difference between revisions of "United Kingdom"
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== Resources == | == Resources == | ||
*External links | *External links | ||
+ | **[https://www.gov.uk/government/news/uk-and-eu-law-enforcement-boost-co-operation-on-dna-databases Home Office: UK and EU law enforcement boost co-operation on DNA databases (14th June 2019)] | ||
**[https://www.gov.scot/news/biometrics-commissioner-bill-published/ Scottish Government: Biometrics Commissioner (31st May 2019)] | **[https://www.gov.scot/news/biometrics-commissioner-bill-published/ Scottish Government: Biometrics Commissioner (31st May 2019)] | ||
**[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/778065/National_DNA_Database_anuual_report_2017-18_print.pdf National DNA Database Strategy Board Annual Report 2017/18] | **[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/778065/National_DNA_Database_anuual_report_2017-18_print.pdf National DNA Database Strategy Board Annual Report 2017/18] | ||
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*Press articles | *Press articles | ||
+ | **[https://www.governmentcomputing.com/central-government/news/uk-eu-prum-framework Government Computing: UK, EU boost co-operation on DNA databases under Prüm framework (14th June 2019)] | ||
**[https://www.bbc.co.uk/news/uk-scotland-48459890 BBC: New plans to safeguard storage of DNA and fingerprint data (31st May 2019)] | **[https://www.bbc.co.uk/news/uk-scotland-48459890 BBC: New plans to safeguard storage of DNA and fingerprint data (31st May 2019)] | ||
**[https://www.bbc.co.uk/news/uk-northern-ireland-46803999 BBC: PSNI to publish DNA retention policy after human rights case (9th January 2019)] | **[https://www.bbc.co.uk/news/uk-northern-ireland-46803999 BBC: PSNI to publish DNA retention policy after human rights case (9th January 2019)] |
Revision as of 10:22, 26 June 2019
Overview
The UK’s National DNA Database (NDNAD) was the first to be established, in 1995. Two changes in the law, made by the Blair Government in 2001 and 2003, led to a massive expansion of the database. DNA samples and records were collected routinely from everyone arrested for any recordable offence, from the age of ten, and retained indefinitely whether or not they were charged or convicted. However, the law on retention was reversed following public controversy and a successful challenge in the European Court of Human Rights.
The 2008 Interpol survey reports that 329,660 crime scene DNA profiles and 5,093,145 individuals' profiles, plus 163 unknown/deceased DNA profiles were held in the UK at the time of the survey. According to Interpol, the UK's DNA database grew to 400,337 crime scene DNA profiles, 6,547,187 reference DNA profiles from individuals, 97 missing persons' DNA profiles, 35 unidentified human remains DNA profiles and 43,888 other DNA profiles in 2011. As at 31 March 2015, the NDNAD held 5,766,369 DNA profiles from individuals and 486,691 from crime scenes, following removal of DNA profiles from innocent people and some children convicted of minor offences. Removing these people from the database has not reduced crime detection rates.
Scotland rejected plans to retain DNA records from innocent people indefinitely in 2006. In England, Wales and Northern Ireland, public opposition to keeping innocent people on the DNA database grew as more cases emerged of people falsely accused of minor offences who had their DNA stored.
The European Court of Human Rights ruled that the law in England and Wales breached the European Convention on Human Rights in December 2008 (in the case of S. and Marper v. the United Kingdom).
The UK’s Coalition Government adopted the Protection of Freedoms Act on 1st of May 2012, which came in to force at the end of October 2013. The DNA profiles and fingerprints of more than 1.7 million innocent people and children have been removed from police databases and more than 7.7 million DNA samples have also been destroyed.
Resources
- External links
- Home Office: UK and EU law enforcement boost co-operation on DNA databases (14th June 2019)
- Scottish Government: Biometrics Commissioner (31st May 2019)
- National DNA Database Strategy Board Annual Report 2017/18
- UK Government: DNA policy (immigration)
- London: Forensic Services Prüm DNA Service Delivery Plan (10th January 2019)
- Biometrics Commissioner: annual report 2017
- Response to the Biometrics Commissioner's annual report 2017
- Forensic Science Regulator: Annual Report: November 2016 - November 2017 (19th January 2018)
- Royal Society: Forensic DNA analysis: A Primer for Courts (November 2017)
- National DNA Database Strategy Board Annual Report 2015/16
- Annual Report of The Ethics Group: National DNA Database 2015 (16th November 2016)
- Further Report by the Biometrics Commissioner on Issues Raised in his 2015 Annual Report (April 2016)
- Commissioner for the retention and use of biometric material: Annual Report December 2015
- NDNAD Strategy Board policy for access and use of DNA samples, profiles and associated data: December 2015
- House of Commons European Scunity Committee: Cross boarder law enforcement cooperation - UK participation in Prüm (4th December 2015)
- National DNA Database Strategy Board Annual Report 2014/15. Confirms that removing innocent people's DNA profiles has had no adverse impact on solving crimes.
- Policy Paper: International DNA exchange policy for the United Kingdom (23rd October 2015)
- Prum Business and Implementation Case (30th September 2015)
- Principle Forensic Services: Prum Feasibility Project. Statistical Study: Report (September 2015)
- IntegenX: Rapid DNA Results Uploaded For First Time To United Kingdom’s National DNA Database (11th August 2015)
- Metropolitan Police: Early Deletion Requests - Consideration for the deletion of DNA profiles, Fingerprint, PNC Records and Photographic images. (22nd June 2015)
- Home Office: Record deletion guidance (27th May 2015)
- UK Government response to the Biometrics Commissioner’s first annual report (13th May 2015)
- Circular 009/2015: provisions relating to DNA samples in the Police (Amendment) Regulations 2015 and the Special Constabulary (Amendment) Regulations 2015
- National DNA Database: annual report, 2013 to 2014 (16th December 2014)
- Biometrics Commissioner: annual report 2013-2014 (16th December 2014)
- Home Office: Applications to the Biometrics Commissioner under PACE (26th September 2014)
- National DNA Database Strategy Board: Applications to the Biometrics Commissioner under PACE (17th September 2014)
- Re Z(Application for Release of DNA Profiles) (2014) EWHC 1999 (Fam) (23rd June 2014)
- National DNA Database strategy board: governance rules (13th June 2014)
- Home Office: DNA early deletion guidance and application form (20th January 2014)
- National DNA Database
- National DNA Database Strategy Board
- National DNA Database Ethics Group
- Forensic Science Regulator
- Europol: United Kingdom
- Home Office: The NDNAD Strategy Board Policy for Access and Use of DNA Samples, Profiles and Associated Data (4th November 2013)
- NDNAD Ethics Group: 6th annual report (October 2013)
- NATIONAL DNA DATABASE STRATEGY BOARD ANNUAL REPORT 2012-2013
- Forensic Archive Ltd
- House of Commons Science and Technology Committee; Forensic Science I (July 2013)
- House of Commons Science and Technology Committee: Forensic Science II (July 2013)
- Gizmonaut: Commencement day of DNA provisions of the Protection of Freedom Act in October (22nd July 2013)
- The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013 Commencement order for the provisions in the Protection of Freedoms Act 2012 which relate to the destruction, retention and use of material including fingerprints, DNA samples and DNA profiles. Most provisions will come into force by 31st October 2013, with the destruction of copies coming into force by 31st January 2014.
- The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013
- The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013
- National DNA Database Annual Report: 2011-12
- National DNA Database biennial report: 2009 to 2011
- Lord Taylor of Holbeach: Update on Protection of Freedoms Act implementation and National DNA Database annual reports 2009 to 2012 (20th May 2013)
- Protection of Freedoms Act 2012
- National DNA Database statistics (23rd April 2013)
- Home Office: Protection of Freedoms Act 2012: how DNA and fingerprint evidence is protected in law (4th April 2013)
- NDNAD Strategy Board minutes
- Equality impact assessment of the National DNA Database (28th November 2012)
- National DNA Database Annual Report 2006-07
- Human Genetics Commission: Nothing to hide, nothing to fear? Balancing individual rights and the public interest in the governance and use of the National DNA Database (24th November 2009)
- The National DNA Database Annual Report 2007-08
- Rowntree Database State report (23rd March 2009)
- Home Affairs Committee report: A Surveillance Society? (Vol II: Evidence)
- Home Affairs Committee Report: A Surveillance Society? (Vol I)
- Crown Prosecution Service: DNA: Low Copy Number DNA Testing in the Criminal Justice System (23rd January 2008)
- Nuffield Council on Bioethics: The forensic use of bioinformation: ethical issues (September 2007)
- The National DNA Database Annual Report 2005/06
- The National DNA Database Annual Report 2004/05
- Forensic DNA Databasing: A European Perspective – A report from Durham University (June 2005)
- The National DNA Database Annual Report 2004/05
- Home Office Circular: Charges on Basis of Speculative Search Match on the National DNA Database (September 2004)
- DNA Expansion Programme 2000-2005: Reporting achievement
- Scottish Executive: Police Retention Of Prints and Samples
- The House of Commons Science and Technology Committee’s report on forensics, 2005 (main report)
- The House of Commons Science and Technology Committee’s report on forensics, 2005 (evidence)
- The National DNA Database Annual Report 2003/04
- Williams et al (2004) Genetic Information and Crime Investigation
- Forensic Science Service: Guide to DNA for lawyers and investigating officers(2004)
- Crown Prosecution Service: Guidance on DNA Charging (16th July 2004)
- The National DNA Database Annual Report 2002/03
- GeneWatch UK: The UK Police National DNA Database
- Police and Criminal Evidence Act 1984 (as amended) This law was amended by the Criminal Justice and Public Order Act 1994 in order to set up the UK National DNA Database in 1995 by allowing police to collect DNA samples and conduct searches of stored DNA profiles: it has been amended many times since 1994.
- Press articles
- Government Computing: UK, EU boost co-operation on DNA databases under Prüm framework (14th June 2019)
- BBC: New plans to safeguard storage of DNA and fingerprint data (31st May 2019)
- BBC: PSNI to publish DNA retention policy after human rights case (9th January 2019)
- The Guardian: Sajid Javid apologises to immigration applicants forced to give DNA samples (25th October 2018)
- The Independent: Home Office forcing immigrants to take DNA tests in breach of government's own policy (4th July 2018)
- Government Computing: Home Office issues tender for biometrics development (14th May 2018)
- Police Community: Police pay out millions after collapse of forensics firm (5th February 2018)
- BBC: UK judges to get scientific guides (22nd November 2017)
- The Conversation: DNA databases: it’s still far from clear how effective they are in fighting crime (10th October 2017)
- Belfast Live: New officers will have to register on a DNA database, PSNI reveals (8th October 2017)
- Pirate FM: Brothers to appeal over Wadebridge murders? (16th May 2017)
- The Herald: CSI Strathclyde: how university forensic experts helped solve some of the most high-profile crimes of the past fifty years (9th April 017)
- Scunthorpe Telegraph: What are your rights if police arrest you? The key questions answered, from handcuffs to charges (8th April 2017)
- Law Gazette: DNA – an unstoppable march? (20th March 2017)
- Burton Mail: Forensics expert John Beckwith lifts the lid on how DNA has solved serious historic Burton crimes (1st March 2017)
- Police Oracle: DNA database most effective since records began (24th February 2017)
- Police Oracle: Government Department to access DNA database in bid to close 'fake dads' paternety loophole. (13th January 2017)
- BBC: Forensic science standards 'at significant risk' (6th January 2017)
- Despite Brexit, UK committed to EU biometric database (2nd November 2016)
- The Guardian: Killer breakthrough – the day DNA evidence first nailed a murderer (7th June 2016)
- The Telegraph: DNA and fingerprints of 50,000 repeat teenage offenders deleted after software error by police (27th May 2016)
- The Quint: DNA Profiles of Hundreds of Terror Suspects Destroyed in UK (27th May 2016)
- Planet Biometrics: Fears in UK over deletion of terror suspects’ biometric profiles (27th May 2016)
- Daily Star: DNA divvies: Police errors result in evidence mix-ups in 98 cases last year (10th April 2016)
- Biometric Update: Documents reveal UK government’s out-of-court settlements over unlawful biometrics storage (9th April 2016)
- The Register: Home Office seeks secret settlements over unlawful DNA retention (5th April 2016)
- BBC: Wiping of DNA and fingerprint records 'puts public safety at risk' (11th March 2016)
- Belfast Telegraph: DNA profiles and fingerprints of 7,800 on police counter-terrorism database (11th March 2016)
- The Guardian: UK police hold DNA profiles of 7,800 terrorism suspects (11th March 2016)
- RT: DNA profiles of 7,800 terror suspects held in police database (11th March, 2016)
- The Register: 7,800 people's biometric data held on police anti-terrorism database (11th March 2016)
- UK Authority: Police National Database still holds 'illegal' photos (11th March 2016)
- Police Professionals: Failure to retain DNA records ‘risking public safety’, says Biometrics Commissioner (11th March 2016)
- Planet Biometrics (11th March 2016)
- BT: DNA profiles and prints of 7,800 people on police counter-terrorism database (11th March 2016)
- The Justice Gap: Ministers need to reinstate a national forensic science service – and quickly (21st March 2016)
- BBC News: Paternity test dad Vernon Poppleton used brother's DNA (7th January, 2016)
- Chronicle Live: Conservative Berwick MP rebels over plans for UK to join EU crime database (10th December 2015)
- Yahoo News: Eurosceptic Theresa May calls for MPs to back EU DNA database in House of Commons debate (8th December 2015)
- ITV: UK to decide whether to join Bond-esque EU DNA database (8th December 2015)
- Planet Biometrics: UK MPs to vote on joining European biometric, DNA database (30th November)
- Police Professional: Home Office urges Prüm opt in (27th November 2015)
- The Telegraph: Britain should join controversial EU crime database, says Government (26th November 2015)
- BBC News: UK ministers outline case for joining EU DNA database scheme (26th November 2015)
- The Guardian: MPs to vote on joining European police DNA database (23th November 2015)
- Independent: Paris attacks: France calls for Britain to give European police access to DNA database (17th November 2015)
- Information Age: Who’s more likely to rob Britain’s freedom: ISIS or the Conservative party? (16th November 2015)
- Daily Mail: 'Big Brother tsar' demands police wipe innocent people's photos from database of 18 MILLION mugshots (15th November 2015)
- Journal Pioneer: Eastern passages: Hanged by a thread (10th November 2015)
- The Telegraph: British police face deluge of foreign DNA requests if UK joins EU crime database, says report (8th November 2015)
- ITV: Police use DNA to track down diners who skipped the bill (5th November 2015)
- Sky News: Rapist Jailed After 'Needle In A Haystack' Hunt (20th October 2015)
- Find Biometrics: RapidHIT DNA Identification a Hit with UK Police (13th October 2015)
- Planet Biometrics: Biometrics Commissioner raises police face database fears (13th October 2015)
- Biometric Update: Key Forensic Services purchases rapid DNA system from IntegenX (4th October 2015)
- Planet Biometrics: UK’s Key Forensic Services buys Rapid DNA system (1st October 2015)
- Computer World UK: Police ICT Company CEO Martin Wyke on austerity, transformation and plans to save millions (2nd September 2015)
- Laboratory News: Building a case: (27th August 2015)
- BusinessWire: RapidHIT DNA Profile Uploaded to UK National DNA Database Identifies Dangerous Sex Offender While Suspect in Custody (24th August 2015)
- Biometric Update: Rapid DNA results uploaded for the first time to UK’s DNA database (19th August 2015)
- Police Oracle: Breakthrough machine now being used to upload genetic profiles to database (13th August 2013)
- BBC: DNA samples copied and held for Troubles investigations (5th August 2015) Reports retention of DNA profiles in Northern Ireland.
- Daily Mail: 'Deadbeat dads' who refuse to pay for their offspring face DNA database checks in child maintenance crackdown (26th July 2015)
- Police Professional: PSNI DNA retention lawful (14th May 2015)
- The Guardian: Retention of offenders' DNA profiles not illegal, supreme court rules (13th May 2015)
- Avon and Somerset Police's forensic spending falls by 40 per cent in seven years (8th May 2015)
- The Independent: Unease over police trial of hi-tech DNA machines amid fears that civil liberties could be infringed (21st April 2015)
- Littlehampton Gazette: Murder police DNA screening plea(7th April 2015)
- Government has failed to provide guidelines on use of biometric data, warn MPs (9th March 2015)
- The Independent: Britain criticised for DNA hold up keeping an innocent man locked up in Spanish prison (8th February 2015)
- Police forensics ‘a risk’ to criminal cases, spending watchdog warns (26th January 2015)
- Police Professional: Police spending on forensics 'inconsistent' (21st January 2015)
- The Independent: Privatisation of forensic services 'threat to justice' and putting the work in police hands would be 'disastrous,' warn experts (21st January 2015)
- BBC: Warning by spending watchdog over forensic science work (21st January 2015)
- STV: Mass voluntary DNA screening to find killer of house-sitting Scot (21st January 2015)
- The DNA photofit: Amazing breakthrough means police can tell suspect's colour, height and even age – from a tiny speck of blood (17th January 2015)
- Genetic profile of 123,000 people on NI's DNA database (14th January 2015)
- The Guardian: Foreign criminals’ data taken off police records (16th December 2014)
- International Business Times: Australia and UK Sign Pact For DNA Database Sharing Among Police Forces To Check Serious Crimes (7th November 2014)
- RT: UK, Australia to share DNA database to aid international crime solving (6th November 2014)
- The Australian: Australian police in DNA access deal with British counterparts (5th November 2014)
- The Guardian: Australian and British police to share their DNA databases (5th November 2014)
- Spain Threatens U.K.’s Inclusion in EU Justice Cooperation (9th October 2014)
- The Register: Scrapping the Human Rights Act: What about privacy and freedom of expression? (30th September 2014)
- Daily Mail: DNA blunders mean murderers and rapists could have convictions overturned: Home Office admits misleading evidence has been presented to juries (24th September 2014)
- The Independent: European Convention on Human Rights: What has it ever done for us? (3rd October 2014)
- Guidelines for UK police chiefs on applications to retain & use biometric material (29th September 2014)
- The Scotsman: How DNA fingerprint left its mark on justice (8th September 2014)
- Lancashire Telegraph: Commissioner helps to speed DNA checks (1st August 2014)
- DNA-testing for crime scene investigations will soon identify criminals in a matter of HOURS (28th July 2014)
- Herald: Police storing DNA samples of children as young as 10 (16th July 2014)
- Herald: Storing children's DNA and issue of civil liberties (16th July 2014)
- Daily Mail: Police in plea to share DNA clues with EU - because we have so many foreign criminals (12th July 2014)
- The Scotsman: EU set for ‘more policing’ powers (8th July 2014)
- The Express: Now David Cameron 'considers giving POLICING powers to Brussels', leaked documents reveal (5th July 2014)
- The Guardian: David Cameron in talks with EU leaders over international DNA database (5th July 2014)
- BBC: Marion Crofts murder: Tony Jasinskyj's appeal refused(2nd July 2014)
- Labmate: DNA: Collection and Interpretation (12th March 2014)
- Nearly 6 million of us are on the DNA database. Does it make you feel any safer? (15th January 2014)
- Nottingham Post: Ex-offender from Nottingham wins right not to provide a sample of his DNA (5th October 2013)
- BBC: Operation Nutmeg: Court could force police to destroy DNA (24th September 2013)
- BBC: Court rejects ex-prisoner's DNA sample challenge (24th September 2013)
- The Guardian: Ex-prisoner fails to halt police DNA-collection programme (24th September 2013)
- Daily Mail: One-year-old baby among thousands of children who have had their DNA taken by police (22nd September 2013)
- Wales Online: Welsh police take DNA samples from more than 5,500 children (22nd September 2013)
- Mirror: Police take DNA from children in criminal investigations (8th September 2013)
- e! Science News: Forensic familial search methods carry risk of certain false matches (14th August 2013) There is a video abstract and general public explanation video available for this research.
- BBC: University of Leicester cat DNA database to be used for solving crime (14th August 2013)
- BBC: Forensics upheaval 'threat to justice', MPs warn (25th July 2013)
- The Guardian: Britain to keep European arrest warrant but try to reform it (8th July 2013)
- The Independent: Police told to explain use of unregulated DNA database (9th June 2013)
- The Guardian: Police retain DNA from thousands of children (20th May 2013)
- BBC: Police swabbing of child DNA excessive, says charity (20th May 2013)
- GayStarNews: Police bosses tell cops: don’t target gays in DNA roundup (18th January 2013)
- EADT24: Ipswich: Victory after man’s six-year battle to have DNA records removed from police records (18th January 2013)
- Politics.co.uk: Outrage grows over gay DNA witchhunt (17th January 2013)
- Daily Mail: Police demand DNA sample from former soldier because he had gay relationship in the Army 30 years ago (12th January 2013)
- Daily Mail: EU demands access to details of all UK drivers: ‘Orwellian’ move to hand out personal information to foreign police forces (9th January 2013)
- The Telegraph: Rapists feared still at large as police fail to update DNA database (23rd October 2012)
- Daily Mail: Innocent man spent FIVE MONTHS in prison after forensics mix-up meant he was falsely accused of rape (1st October 2012)
- BBC: DNA rape sample procedures ‘not adequate’ (1st October 2012)
- Littlehampton Gazette: Sussex Police collect ex-cons’ DNA for national database (1st October 2012)
- The Guardian: Thousands of ex-offenders targeted in drive to add to DNA database (27th September 2012)
- Manchester Evening News: Police order thousands of DNA samples from ex-convicts in Greater Manchester (18th September 2012)
- ZDNet: London police ‘hack’ suspects’ phones: A major blow to human rights (18th May 2012)
- The Independent: Privatisation is a catastrophe, warns godfather of forensics (2nd April 2012)
- Daily Mail: DNA database in doubt after teenager spends three months behind bars for rape in city he has never even visited because gene samples were mixed up (13th March 2012)
- The Guardian: Forensics blunder ‘may endanger convictions’ (8th March 2012)
- The Economist: Ignorance is bliss (21st January 2012)
- New Scientist: DNA super-network increases risk of mix-ups (5th September 2011)
- BBC Online: DNA and fingerprint guidelines ‘unlawful’ (18th May 2011)
- The Independent: Guidelines on DNA samples unlawful (18th May 2011)
- Public Service: Police DNA retention policy ‘unlawful’ (18th May 2011)
- UK Human Rights blog: Retention of DNA breaches human right to privacy, says Supreme Court (18th May 2011)
- The Guardian: DNA retention judgment won’t see discriminatory policy destroyed (18th May 2011)
- The Register: Supreme Court: DNA database retention regs are unlawful (18th May 2011)
- The Guardian: Police breaking law by keeping DNA of the innocent, supreme court rules (18th May 2011)
- The Guardian: New DNA rules will restore public trust [Letter (5th March 2011])
- Public Service: Government store DNA of over 6 million (4th March 2011)
- The Register: ICO evidence raises Freedoms Bill data worries (3rd March 2011)
- BBC: How Protection of Freedoms Bill will work (1st March 2011)
- ITN: Government to curb DNA database (1st March 2011)
- The Voice: Innocent black Brits may get their DNA removed from database (22nd February 2011)
- The Telegraph: The coalition’s Freedom Bill is a blow against the snoopers and clampers (15th February 2011)
- 24dash.com: Freedoms Bill (13th February 2011)
- BBC: DNA profiles to be deleted from police database (11th February 2011)
- Daily Mail: DNA database purge: Victory for the Mail as records of 1m innocent people removed (11th February 2011)
- The Telegraph: DNA of up to a million to be wiped under Freedom Bill (11th February 2011)
- The Guardian: DNA profiles to be deleted from police database (11th February 2011)
- Daily Express: At last, victory over Labour’s army of snoops (11th February 2011)
- The Guardian: Criminal checks on people working with children to be eased (11th February 2011)
- Independent: A victory for civil liberties – and a challenge for Labour (10th February 2011)
- The Telegraph: Nick Clegg; we’re restoring hard won British liberties (10th February 2011)
- The Independent: ID cards go up in flames in first step to tackle ‘database state’ (10th February 2010)
- BBC: Deputy Prime Minister’s Reform Speech (19th May 2010)
- Public Service: Government store DNA of over 6 million (4th March 2011)
- New Scientist: Unreliable evidence? Time to open up DNA Databases (6th January 2010)
- BBC Online: Innocent people face DNA database ‘shambles’ (31st December 2009)
- The Times: From schoolboy squabble to DNA database in one easy step – if you’re black (24th November 2009)
- BBC Online: New safeguards urged over routine police DNA tests (24th November 2009)
- The Daily Mail: DNA of innocents will be kept on database for six years (29th October 2009)
- The Guardian: Innocent suspects’ profiles still reaching DNA database (28th October 2009)
- The Times: Record number of DNA samples taken but crimes solved with them are down (22nd October 2009)
- The Telegraph: Crimes solved by DNA drop by a fifth (22nd October 2009)
- The Guardian: Detections using DNA database fall despite huge rise in profiles (21st October)
- The Guardian: Home Office climbs down over keeping DNA records of innocent (19th October 2009)
- The Telegraph: Tory MP Damian Green has DNA profile deleted from database (20th August 2009)
- New York Times: DNA evidence can be fabricated, scientists show (17th August 2009)
- The Voice: DNA database is damaging race relations, says expert (17th August 2009)
- Daily Mail: 300 children a day added to DNA database (12th August 2009)
- The Observer: ‘Racist bias’ blamed for disparity in police DNA database (9th August 2009)
- The Guardian: Police told to ignore human rights ruling over database (7th August 2009)
- The Telegraph: Equality watchdog warns DNA plans break law (7th August 2009)
- The Telegraph: Police arrest innocent youths for the DNA, officer claims (4th June 2009)
- Daily Mail: Driver thrown in police cell after DVLA office blunder (21st May 2009)
- The Guardian: DPP’s verdict on papers leaked in Damian Green affair – Not a threat to security (17th April 2009)
- The Guardian: DNA pioneer Alec Jeffreys: drop innocent from database (15th April 2009)
- The Telegraph: Police will be banned from keeping DNA of innocent people, pledge Tories (6th April 2009)
- Politics.co.uk: Tories promise to reform DNA database (6th April 2009)
- The Crosby Herald: Teen arrested by police for handing in phone (2nd April 2009)
- The Telegraph: Five million people now on database (31st March 2009)
- Computing: DNA database grows by 38 per cent in two years (30th March 2009)
- BBC Online: ‘DNA bungle’ haunts German police (28th March 2009)
- BBC Politics Show: Time for a universal DNA database? (27th March 2009)
- BBC Politics Show: MP’s battle over DNA database (27th March 2009)
- The Plymouth Herald: I know how you feel, Mr Truman (26th March 2009)
- The Independent: The Big Question: Are there illegal Government databases and what can we do about it? (24th March 2009)
- The Daily Mail: As report condemns Government databases…Big Brother is wasting your billions (24th March 2009)
- BBC Online: Call to scrap ‘illegal’ databases (23rd March 2009)
- The Guardian: Mark Thomas: How I got my genes deleted (19th March 2009)
- The Guardian: Question Eight: DNA Database (16th March 2009)
- The Telegraph: DNA of one-year-old baby stored on national database (10th March 2009)
- The Register: Three months on, you still can’t get off the DNA Database (2nd March 2009)
- The Guardian: Government plans to keep DNA samples of innocent (27th February 2009)
- The Guardian: DNA details of 1.1m children on database (27th February 2009)
- The Daily Mail: Banish Big Brother: The state’s surveillance powers must be curbed, say Lords (6th February 2009)
- The Register: Don’t delay: Delete your DNA (17th December 2008)
- Daily Mail: The EU’s Big Brother database poses a threat to our liberties (16th December 2008)
- The Independent: A victory for civil liberties – but the larger war still rages (5th December 2008)
- The Daily Mail: One million innocent people could have their profiles wiped from Britain’s ‘Orwellian’ DNA database after court ruling (5th December 2008)
- BBC Online: Europe DNA ruling resonates in UK (4th December 2008)
- The Telegraph: Campaigners welcome ruling that DNA-holding breaches human rights (4th December 2008)
- Liverpool Daily Post: Police order child’s DNA to be removed from database (19th November 2008)
- The Telegraph: More than one million added to the DNA database as children (17th November 2008)
- The Telegraph: Crimes solved by DNA evidence fall despite millions being added to database (10th November 2008)
- The Register: The DNA Database and You (6th November 2008)
- Daily Post North Wales: One in 11 from North Wales on DNA file (30th October 2008) 30th October 2008
- The Daily Mail: New law to allow police to collect DNA in secret from teacups (19th October 2008)
- Christian Today: Black church leaders concerned over criminal DNA database (18th July 2008)
- The Register: Gordo’s DNA database claims branded ‘ridiculous’ (29th June 2008)
- The Telegraph: MPs must act now to set limits on snooping (9th June 2008)
- Reuters: Watchdog criticises plan to share DNA data (15th May 2008)
- The Guardian: The scandal of ‘criminalising’ mental health patients (12th May 2008)
- The Telegraph: DNA bank solves one crime per 800 profiles (6th May 2008)
- BBC Online: DNA technique ‘fit for purpose’ (11th April 2008)
- The Sunday Mirror: 40,000 kids put on DNA crimes list (6th April 2008)
- The Observer: Put young children on DNA list urge police (16th March 2008)
- The Daily Mail: 1.5m children will have DNA taken next year amid claims of universal database ‘by stealth’ (9th March 2008)
- Computing: Met police chief calls for European DNA database (5th March 2008)
- Black Mental Health UK: Sarah Teather tells House of Commons DNA database discriminates (1st March 2008)
- The Guardian: Mixed results (28th February)
- New Statesman: Spare pairs of genes (28th February 2008)
- The Times: CCTV and DNA advances add to bills but minister calls rises unacceptable (28th February 2008)
- The Daily Mail: One in eight samples filed under innocent names in Government blunder (27th February 2008)
- Public Technology: Home Office Minister rejects call for a national citizen DNA database (25th February 2008)
- The Daily Mail: Police in retreat after public backlash over their demands for a DNA database (25th February 2008)
- The Daily Mail; Home Office retreat from plans to extend ‘nation of suspects’ DNA database to include litterbugs (24th February 2008)
- The Sunday Times: Should Britain have a compulsory DNA database? (24th February 2008)
- The Glasgow Herald: Police: we must keep DNA of everyone arrested (23rd February 2008)
- The Guardian: Calls for compulsory DNA database rejected (23rd February 2008)
- The Guardian: Inquiry as Tories attack DNA failure (21st February 2008)
- The Times: Gordon Brown admits assaults committed while DNA data disc lost (20th February 2008)
- The Times: Disc listing foreign criminals lost for a year (20th February 2008)
- The Guardian: Stop! Armed police! Put down your MP3 player (13th February 2008)
- BBC Online: Clegg attacks surveillance UK (6th February 2008)
- The Register: How to delete your DNA Profile (7th January 2008)
- Daily Mail: Big Brother UK: Police now hold DNA ‘fingerprints’ of 4.5 million Britons (5th November 2007)
- The Telegraph: Police retain DNA of ‘petty crime suspects’ (5th November 2007)
- The Times: Police told to erase ‘irrelevant’ crime records (1st November 2007)
- The Times: Policing the gene pool (29th Sept 2007)
- The Economist: Learning to live with Big Brother (27th Sept 2007)
- Nature: Genome abuse (26th Sept 2007)
- The Times: DNA database ‘puts innocent under suspicion’ (18th Sept 2007)
- The Register: Innocent ‘terror techie’ purges DNA records (17th Sept 2007)
- The Times: Inside the world where experts try to unlock DNA clues (15th Sept 2007)
- Evening Standard: Outrage as DNA profile of seven-month old baby is added to DNA database (15th Sept 2007)
- Daily Mail: Innocent people’s DNA ‘must not be kept on national database’ (10th Sept 2007)
- Computer Weekly: DNA plan would require SAN the size of Belgium (11th Sept 2007)
- The Scotsman: Judge opens hornets’ nest with call for everyone’s DNA to go on record (6th Sept 2007)
- BBC Online: All UK ‘must be on DNA database’ (5th Sept 2007)
- Evening Standard: Ministers accused of trying to build DNA database by stealth (5th Sept 2007)
- BBC Online: DNA database call prompts concern (5th Sept 2007)
- Evening Standard: Speeding drivers face DNA swabs under Big Brother powers (1st August 2007)
- The Times: Police want DNA from speeding drivers and litterbugs on database (2nd August 2007)
- The Telegraph: Litter lout DNA samples a step too far (2nd August 2007)
- The Independent: Police DNA database ‘risks criminalising non-offenders’ (2nd August 2007)
- Daily Mail: Government accused on DNA samples (2nd August 2007)
- The Guardian: Police may be given powers to take DNA samples on the street (2nd August 2007)
- The Observer: Civil rights fears over DNA for everyone (27th May 2007)
- Daily Mail: Police put 100,000 innocent children on DNA Database (23rd May 2007)
- The Telegraph: DNA file on 100,000 innocent children
- The Guardian: ‘Orwellian’ CCTV in shires alarms senior police officer (21st May 2001)
- The Guardian: Plan to identify potential offenders condemned (21st May)
- The Telegraph: DNA police revisit high profile murder cases (19th May 2007)
- The Independent: DNA database blunder ‘could have resulted in 200 crimes’ (18th May 2007)
- The Argus: Youths warned not to use fake ID (17th May 2007)
- The Northern Echo: Peer calls for babies’ DNA to be stored (17th May 2007)
- BBC Online: DNA failings ‘missed 183 crimes’ (17th May 2007)
- The Guardian: A database of prejudice (15th May 2007)
- EDP-24 (Norfolk): Car crime victims must foot the bill (10th May 2007)
- Daily Mail: Fears over innocent Britons’ DNA being given to European police forces (9th May)
- Black Information Link: Chained by our genes (3rd May 2007)
- Computer World: EU police data-sharing plan draws criticism (19th April 2007)
- Mail on Sunday: Five civil servants suspended over ‘DNA espionage’ (1st April 2007)
- Yorkshire Post: Yorkshire cases to test DNA sampling policy (31st March 2007)
- The Guardian: Every child to be screened for risk of turning criminal under Blair justice plan (28th March 2007)
- BBC Online: ‘Retail jails’ could ease police burden (15th March 2007)
- The Telegraph: DNA data deal ‘will create big brother Europe’ (18th February 2007)
- The Voice: Mayor urged to support DNA profiling curb (9th February 2007)
- The Sunday Times: Reid ‘buries’ news that police hold DNA of 1m innocent people (17th December 2006)
- BBC: New DNA clue in 1964 murder hunt (13th December 2006)
- The Independent: DNA of suspects’ families to be held on police files (26th November 2006)
- The Telegraph: Three in four young black men on the DNA database (5th November 2006)
- BBC Online: Fear that DNA use ‘gone too far’ (1st November 2006)
- The Observer: Police DNA database is ‘spiraling out of control’(16th July 2006)
- The Independent: More Britons have DNA held by police than rest of world (14th April 2006)
- The Telegraph: Huge rise in juvenile DNA samples kept by the police
- The Guardian: DNA of 37% of black men held by police
- The Telegraph: Freedom fears as the DNA database expands
- The Scotsman article: Keep DNA of innocent and guilty alike
- The Voice: 1 in 3 black men are DNA profiled
- New Scientist: Will DNA profiling fuel prejudice?
- BBC Online: DNA database Big Brother warning
Detailed Analysis
Note: This section has not yet been updated to include the Protection of Freedoms Act 2012.
Police and Criminal Evidence Act (PACE) 1984 and amendments to PACE : Criminal Justice and Public Order Act (CJPOA) 1994;Criminal Evidence.
(Amendment) Act 1997;Criminal Justice and Police Act (CJPA) 001;Criminal Justice Act (CJA) 2003. Changes in the Data Protection Act (DPA) 1998, the Human Rights Act (HRA) 1998 and case law.<ref name="ftn0">E.U. 9445/1/06 at 9.</ref>
Persons convicted of any recordable offence, arrested for any recordable offense, and all crime scene stains<ref name="ftn7">See EU Current Practices at 80-81.</ref> The Counter-Terrorism Act 2008 (c.28) increased police powers for the stated purpose of countering terrorism. It allows speculative searches against DNA profiles held on behalf of the Security Service or Secret Intelligence Service and allows matches to be used “for purposes related to the identification . . . of the person from whom the material came.” In other words, a valid match can be obtained from a reference sample that did not originate from a crime scene.
For Scotland: Persons convicted of any recordable offence, arrested for any recordable offense, and all crime scene stains<ref name="ftn6">See EU Current Practices at 81-83.</ref>
England & Wales: The Justice and Public Order Act 1994 allows for the entry of the DNA profiles of all individuals who are charged with any recordable offence or who are convicted of such an offence. All DNA profiles that are derived from crime scene stains are also stored in the NDNAD.
Scotland: The Criminal Procedure (Scotland) Act 1995 allows for the entry of the DNA profiles of those arrested of any recordable offence or who are convicted of such an offence. All DNA profiles that are derived from unidentified crime scene stains are also stored in the database.
England & Wales: Whereas the Police and Criminal Evidence Act 1984 (PACE) allowed for the coercive taking of ‘non-intimate samples’ such as hair shafts, the Justice and Public Order Act 1994 (JPOA) changed the definition of ‘non-intimate samples’ to include buccal swabs by which police sampling powers were seriously extended. [4]<ref name="ftn5">JPOA (1994), § 58.</ref> This provision applies to both crime suspects and convicted offenders who are arrested or convicted of any recordable offence.<ref name="ftn4">Id. at § 55.</ref> The police are allowed to take a DNA sample from minors who have reached the age of ten and from mentally ill persons. There are no restrictions to the collection of crime scene samples.
Scotland: A constable or a police custody and security officer at a constable’s direction can collect a mouth swab from those arrested of any recordable offence.<ref name="ftn8">Criminal Justice (Scotland) Act 2003, Art. 55, § 2</ref> They may use reasonable force in exercising this power.<ref name="ftn3">Criminal Procedure (Scotland) Act 1995, Art. 18, § 7.</ref> A constable or a police custody and security officer at a constable’s direction can also coercively collect a mouth swab from those convicted of any recordable offence.<ref name="ftn2">Criminal Justice (Scotland) Act 2003, Art. 55, § 3.</ref> They are allowed to take a DNA sample from minors who have reached the age of ten and from mentally ill persons. There are no restrictions to the collection of unidentified crime scene samples.
Convicted persons’ and suspects’ profiles are retained indefinitely and crime scene stains are kept until they have been identified<ref name="ftn1">See EU Current Practices at 81.</ref>
For Scotland: Convicted persons’ profiles are retained indefinitely, suspects’ profiles are retained until the underlying proceeding is abandoned or the individual is acquitted, and crime scene stains are kept until they have been identified<ref name="ftn9">See EU Current Practices at 83.</ref>
England & Wales: The Criminal Justice and Police Act 2001 (CJPA) allows for the indefinite retention of the DNA profiles of both crime suspects and convicted offenders who are arrested or convicted of any recordable offence.<ref name="ftn10">CJPA (2001), § 82.</ref> This provision also applies to crime suspects who are subsequently acquitted or freed of charges. The DNA profiles which are derived from unidentified crime scene stains are stored in the database until a match is found.
Scotland: The DNA profiles of those who are arrested of any recordable offence have to be removed from the database as soon as possible following the decision not to institute criminal proceedings against the person concerned or upon acquittal.<ref name="ftn11">Criminal Procedure (Scotland) Act 1995, Art. 18, § 3.</ref> The DNA profiles of those convicted of any recordable offence can be retained indefinitely. The DNA profiles which are derived from unidentified crime scene stains are stored in the database until they are identified.
All samples are retained indefinitely<ref name="ftn12">See EU Current Practices at 81.</ref>
For Scotland: Convicted persons’ samples are retained indefinitely, but suspects’ samples must be destroyed upon their acquittal or when no criminal proceedings are initiated<ref name="ftn13">See EU Current Practices at 83.</ref>
England & Wales: The CJPA 2001 allows for the indefinite retention of the DNA samples of both crime suspects and convicted offenders who are arrested or convicted of any recordable offence. This provision also applies to crime suspect who are subsequently acquitted or freed of charges.
Scotland: The DNA samples of those who are convicted of any recordable offence can be retained indefinitely. Those taken from persons who are arrested of any recordable offence have to be destroyed as soon as possible following the decision not to institute criminal proceedings against the person concerned or upon acquittal.<ref name="ftn15">Criminal Procedure (Scotland) Act 1995, Art. 18, § 3.</ref>
The Forensic Science Service, an Executive Designated staff employed by the Custodian Security clearance to Counter Terrorism Kingdom Agency of the Home Office, was responsible for the management of the National DNA Database since 1995, through the office of its Chief Scientist as Custodian of the Database, under a Memorandum of Understanding between the FSS and the Association of Chief Police Officers, revised in 2000, 2003 and again in 2005, and the oversight of the National DNA Database Board, chaired by ACPO. In July 2005, the Custodianship was transferred to the Home Office, then shortly thereafter to National Policing Improvement Agency.
Scotland: Although they can largely develop their own policies regarding the treatment of profiles and samples which are collected in the course of criminal investigations, it is not entirely correct to consider the databases of Scotland and England & Wales as two separate entities.<ref name="ftn16">P. Johnson & R. Williams, DNA and crime investigation: Scotland and the “UK National DNA Database,” 10 Scottish J. Crim. Justice Stds. 74 (2004).</ref> As Scotland exports all its profiles and unidentified crime scene stains to the NDNAD, the latter in fact contains nearly all UK profiles. As Scotland does not retain the profiles of suspects who are acquitted and against whom no criminal proceedings are instituted, these are the only profiles that stay in the custody of the Scottish police.
Oracle platform with Loader (input) and Match reporting database (repository for match information) It is an Oracle 9i database. Profiles are loaded electronically but from CSV files submitted as a batch rather than messaging.
All new profiles added to the Database are automatically searched on loading against all profiles held. The search regime uses 4 SGM discriminator loci to identify a matching sub-set which is then searched again using the remaining SGM Plus loci. Both exact and partial matches between Subject/crime scene and crime scene/crime scene are reported immediately (failed or rare alleles are treated as wild ‘cards’). Subject/subject matches are reported periodically.
One-off ‘snapshot’ speculative searches of sample profiles that do not meet the criteria for loading to the Database are also carried out using the same search regime. ‘Familial searches’ are also carried out to help identify potential relatives of offenders whose profiles are not on the Database A monthly search is also carried out for ‘near matches’ that differ by only 1 allele; these are then investigated to see if there has been an error in the profiling.
References
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