Difference between revisions of "United Kingdom"

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== Resources ==
 
== Resources ==
 
*External links
 
*External links
 +
** [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913011/NDNAD_Strategy_Board_AR_2018-2020_Web_Accessible.pdf: Home Office:  National DNA Database biennial report, 2018 to 2020 (2nd September 2020)]
 +
**[http://www.genewatch.org/uploads/f03c6d66a9b354535738483c1c3d49e4/niconsul2020-gw-fin.pdf GeneWatchUK response to the Department of Justice’s consultation on proposals to amend the legislation governing the retention of DNA and fingerprints in Northern Ireland (July 2020)]
 +
**[https://www.theyworkforyou.com/wms/?id=2020-06-15.HCWS290.h&s=DNA#gHCWS290.0 TheyWorkforYou: Prüm – Data Sharing Update (15th June 2020)]
 +
**[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/873640/dna-v4.0ext1.pdf Home Office: DNA policy guidance: Version 4.0 (16th March 2020)]
 +
**[https://www.gov.scot/news/biometrics-commissioner/ Scottish Government: Biometrics Commissioner (10th March 2020)]
 +
**[http://hudoc.echr.coe.int/eng?i=001-200817 European Court of Human Rights: CASE OF GAUGHRAN v. THE UNITED KINGDOM. Judgment, Strasbourg (13th February 2020)] Case regarding the disproportionate character of the indefinite retention of the DNA profile of a person convicted of minor offence.
 +
**[https://publications.parliament.uk/pa/cm201719/cmselect/cmsctech/1970/1970.pdf House of Commons Science and Technology Committee: The work of the Biometrics Commissioner and the Forensic Science Regulator. Nineteenth Report of Session 2017–19 (17th July 2019)]
 +
**[https://www.gov.uk/government/publications/international-dna-and-fingerprint-exchange-policy-for-the-uk Home Office: International DNA and fingerprint exchange policy for the UK (8th July 2019)]
 +
**[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://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://www.gov.uk/government/publications/dna-policy UK Government: DNA policy (immigration)]
 +
**[https://www.london.gov.uk/what-we-do/mayors-office-policing-and-crime-mopac/governance-and-decision-making/mopac-decisions-0/forensic-services-prum-dna-service-delivery-plan London: Forensic Services Prüm DNA Service Delivery Plan (10th January 2019)]
 +
**[https://www.gov.uk/government/publications/biometrics-commissioner-annual-report-2017 Biometrics Commissioner: annual report 2017]
 +
**[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713593/government_response_-_annual_report_2017.pdf Response to the Biometrics Commissioner's annual report 2017]
 +
**[http://assets.smartcdn.co.uk.s3-website-eu-west-1.amazonaws.com/docs/3911_19012018095152.pdf Forensic Science Regulator: Annual Report: November 2016 - November 2017 (19th January 2018)]
 +
**[https://royalsociety.org/~/media/about-us/programmes/science-and-law/royal-society-forensic-dna-analysis-primer-for-courts.pdf Royal Society: Forensic DNA analysis: A Primer for Courts (November 2017)]
 +
**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/594185/58714_Un-Num_Nat_DNA_DB_Accessible.pdf National DNA Database Strategy Board Annual Report 2015/16]
 +
**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/568554/Annual_Report_of_the_Ethics_Group_2015.pdf Annual Report of The Ethics Group: National DNA Database 2015 (16th November 2016)]
 
**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526232/55843_BC_Report_ACCESSIBLE_01.pdf Further Report by the Biometrics Commissioner on Issues Raised in his 2015 Annual Report (April 2016)]
 
**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/526232/55843_BC_Report_ACCESSIBLE_01.pdf Further Report by the Biometrics Commissioner on Issues Raised in his 2015 Annual Report (April 2016)]
 
**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/507104/54496_Biometrics_Commissioners_Report_Print_Ready__3_.pdf Commissioner for the retention and use of biometric material: Annual Report December 2015]
 
**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/507104/54496_Biometrics_Commissioners_Report_Print_Ready__3_.pdf Commissioner for the retention and use of biometric material: Annual Report December 2015]
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**[https://www.gov.uk/government/news/publication-of-the-governments-response-to-the-biometrics-commissioners-first-annual-report UK Government response to the Biometrics Commissioner’s first annual report (13th May 2015)]
 
**[https://www.gov.uk/government/news/publication-of-the-governments-response-to-the-biometrics-commissioners-first-annual-report UK Government response to the Biometrics Commissioner’s first annual report (13th May 2015)]
 
**[https://www.gov.uk/government/publications/circular-0092015-provisions-relating-to-dna-samples-in-the-police-amendment-regulations-2015-and-the-special-constabulary-amendment-regulations Circular 009/2015: provisions relating to DNA samples in the Police (Amendment) Regulations 2015 and the Special Constabulary (Amendment) Regulations 2015]
 
**[https://www.gov.uk/government/publications/circular-0092015-provisions-relating-to-dna-samples-in-the-police-amendment-regulations-2015-and-the-special-constabulary-amendment-regulations Circular 009/2015: provisions relating to DNA samples in the Police (Amendment) Regulations 2015 and the Special Constabulary (Amendment) Regulations 2015]
 +
**[http://www.niassembly.gov.uk/globalassets/documents/raise/deposited-papers/2015/dp1372.pdf: NORTHERN IRELAND DNA DATABASE GOVERNANCE BOARD REPORT 2012-14 (2015)]
 
**[https://www.gov.uk/government/publications/national-dna-database-annual-report-2013-to-2014 National DNA Database: annual report, 2013 to 2014 (16th December 2014)]
 
**[https://www.gov.uk/government/publications/national-dna-database-annual-report-2013-to-2014 National DNA Database: annual report, 2013 to 2014 (16th December 2014)]
 
**[https://www.gov.uk/government/publications/biometrics-commissioner-annual-report-2013-2014 Biometrics Commissioner: annual report 2013-2014 (16th December 2014)]
 
**[https://www.gov.uk/government/publications/biometrics-commissioner-annual-report-2013-2014 Biometrics Commissioner: annual report 2013-2014 (16th December 2014)]
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*Press articles
 
*Press articles
 +
**[https://bylinetimes.com/2020/07/14/uk-deal-to-share-dna-and-fingerprints-evades-parliamentary-scrutiny/: UK Deal to Share DNA and Fingerprints Evades Parliamentary Scrutiny (14th July 2020)]
 +
**[https://www.gov.uk/government/publications/proficiency-testing-guidance-dna-mixture-analysis-and-interpretation Forensic Science Regulator: Proficiency testing guidance: DNA mixture analysis and interpretation (29th June 2020)]
 +
**[https://www.dailymail.co.uk/news/article-8424405/Privacy-row-erupts-plan-log-thousands-innocent-Britons-DNA-controversial-EU-database.html Daily Mail: Privacy row erupts over plan to log thousands of innocent Britons' DNA on controversial EU database (16th June 2020)]
 +
**[https://www.biometricupdate.com/202006/northern-ireland-police-agree-to-delete-biometric-records-after-human-rights-ruling Biometric Update: Northern Ireland police agree to delete biometric records after human rights ruling (4th June 2020)]
 +
**[https://www.ukauthority.com/articles/scotland-to-get-biometrics-commissioner/ UK Authority: Scotland to get biometrics commissioner (13th March 2020)]
 +
**[https://www.dailymail.co.uk/news/article-8000053/European-Court-rule-Northern-Ireland-drink-driver-human-rights-breached-police-kept-fingerprints.html Daily Mail: Drink-driver's privacy rights were breached when police kept his DNA profile, fingerprints and photo indefinitely, European human rights judges rule (13th February 2020)]
 +
**[https://www.theguardian.com/uk-news/2020/feb/13/police-keeping-drink-drivers-dna-breached-his-rights-judges-rule The Guardian: Police keeping drink-driver's DNA breached his rights, judges rule (13th February 2020)]
 +
**[https://www.bbc.co.uk/news/uk-49361260 BBC: Eurofins Scientific: Cyber-attack leads to backlog of 20,000 forensic samples (16th August 2019)]
 +
**[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.biometricupdate.com/201901/northern-ireland-police-agree-to-publish-biometric-data-retention-policy Biometric Update: Northern Ireland police agree to publish biometric data retention policy (11th 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)]
 +
**[https://amp.theguardian.com/uk-news/2018/oct/25/sajid-javid-apologises-to-migrants-forced-to-give-dna-samples The Guardian: Sajid Javid apologises to immigration applicants forced to give DNA samples (25th October 2018)]
 +
**[https://www.independent.co.uk/news/uk/politics/home-office-dna-tests-policy-immigrants-letters-immigration-a8430271.html The Independent: Home Office forcing immigrants to take DNA tests in breach of government's own policy (4th July 2018)]
 +
**[https://www.governmentcomputing.com/applications/news/home-office-issues-tender-biometrics-development Government Computing: Home Office issues tender for biometrics development (14th May 2018)]
 +
**[https://police.community/topic/134543-police-pay-out-millions-after-collapse-of-forensics-firm/ Police Community: Police pay out millions after collapse of forensics firm (5th February 2018)]
 +
**[http://www.bbc.co.uk/news/science-environment-42057009 BBC: UK judges to get scientific guides (22nd November 2017)]
 +
**[http://theconversation.com/dna-databases-its-still-far-from-clear-how-effective-they-are-in-fighting-crime-85137 The Conversation: DNA databases: it’s still far from clear how effective they are in fighting crime (10th October 2017)]
 +
**[http://www.belfastlive.co.uk/news/new-officers-register-dna-database-13733517 Belfast Live: New officers will have to register on a DNA database, PSNI reveals (8th October 2017)]
 +
**[https://www.piratefm.co.uk/news/latest-news/2289933/brothers-to-appeal-over-wadebridge-murders/ Pirate FM: Brothers to appeal over Wadebridge murders? (16th May 2017)]
 +
**[http://www.heraldscotland.com/news/15213148.CSI_Strathclyde__how_university_forensic_experts_helped_solve_some_of_the_most_high_profile_crimes_of_the_past_fifty_years/ 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)]
 +
**[http://www.scunthorpetelegraph.co.uk/what-are-your-rights-if-police-arrest-you-the-key-questions-answered-from-handcuffs-to-charges/story-30253882-detail/story.html Scunthorpe Telegraph: What are your rights if police arrest you? The key questions answered, from handcuffs to charges (8th April 2017)]
 +
**[https://www.lawgazette.co.uk/legal-updates/dna--an-unstoppable-march/5060258.article Law Gazette: DNA – an unstoppable march? (20th March 2017)]
 +
**[http://www.burtonmail.co.uk/forensics-expert-john-beckwith-lifts-the-lid-on-how-dna-has-solved-serious-historic-burton-crimes/story-30091644-detail/story.html Burton Mail: Forensics expert John Beckwith lifts the lid on how DNA has solved serious historic Burton crimes (1st March 2017)]
 +
**[https://www.policeoracle.com/news/police_it_and_technology/2017/Feb/23/dna-database-most-effective--since-records-began-_94218.html Police Oracle: DNA database most effective since records began (24th February 2017)]
 +
**[https://www.policeoracle.com/news/investigation/2017/Jan/13/Government-department-to-access-DNA-database-in-bid-to-close-fake-dads-paternity-loophole_93864.html Police Oracle: Government Department to access DNA database in bid to close 'fake dads' paternety loophole. (13th January 2017)]
 +
**[http://www.bbc.co.uk/news/uk-38527830 BBC: Forensic science standards 'at significant risk' (6th January 2017)]
 +
**[http://www.planetbiometrics.com/article-details/i/5180/desc/despite-brexit-uk-committed-to-eu-biometric-database/ Despite Brexit, UK committed to EU biometric database (2nd November 2016)]
 
**[https://www.theguardian.com/uk-news/2016/jun/07/killer-dna-evidence-genetic-profiling-criminal-investigation The Guardian: Killer breakthrough – the day DNA evidence first nailed a murderer (7th June 2016)]
 
**[https://www.theguardian.com/uk-news/2016/jun/07/killer-dna-evidence-genetic-profiling-criminal-investigation The Guardian: Killer breakthrough – the day DNA evidence first nailed a murderer (7th June 2016)]
 
**[http://www.telegraph.co.uk/news/2016/05/27/dna-and-fingerprints-of-50000-repeat-teenage-offenders-deleted-a/ The Telegraph: DNA and fingerprints of 50,000 repeat teenage offenders deleted after software error by police (27th May 2016)]
 
**[http://www.telegraph.co.uk/news/2016/05/27/dna-and-fingerprints-of-50000-repeat-teenage-offenders-deleted-a/ The Telegraph: DNA and fingerprints of 50,000 repeat teenage offenders deleted after software error by police (27th May 2016)]

Revision as of 11:50, 28 September 2020

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

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

<references/>