Difference between revisions of "United Kingdom"

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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 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.
+
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.
 +
 
 +
At 31st March 2020, the DNA database held 6,568,035 individuals' DNA profiles (taken from 5,604,185 individuals, when duplicates are taken into account) and 647,378 from crime scenes (of which 213,003 had not been matched to an individual's DNA profile).
 +
 
 +
Legislation covering police use of DNA is different in Scotland and Northern Ireland from the law in England and Wales. Scotland and Northern Ireland maintain separate DNA databases, but DNA profile records loaded to these databases are also loaded to the UK's NDNAD. Thus, the UK's NDNAD holds DNA profiles from all UK police forces (as well as the Channel Islands and the Isle of Man), but the laws covering the retention of DNA profiles taken in each country differ. At 31st March 2020, individuals' DNA profiles stored on the NDNAD (including duplicates) consisted of 5,615,953 from England, 371,848 from Scotland, 365,965 from Wales, 171, 037 from Northern Ireland, and 43,230 other (this includes those from the Channel Islands, Isle of Man, Ministry of Defence police forces, HM Revenue and Customs, prisoners and others).
  
 
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.
 
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.
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== Resources ==
 
== Resources ==
 
*External links
 
*External links
 +
**[https://www.gov.uk/government/publications/forensic-information-databases-annual-report-2021-to-2022 Forensic Information Databases annual report 2021 to 2022 (23rd May 2023)]
 +
**[https://www.gov.uk/government/publications/forensic-information-databases-annual-report-2020-to-2021 Forensic Information Databases annual report 2020 to 2021 (27 April 2022)]
 +
**[https://www.gov.uk/government/publications/forensic-information-databases-for-research-purposes-guidance Forensic information databases for research purposes: guidance (25th January 2021)]
 +
**[https://www.gov.uk/government/publications/international-dna-and-fingerprint-exchange-policy-for-the-uk International DNA and fingerprint exchange policy for the UK (6th January 2021)]
 +
**[https://www.gov.uk/government/publications/biometrics-commissioner-interim-report-december-2020 Biometrics Commissioner: interim report December 2020]
 +
**[https://onlinelibrary.wiley.com/doi/epdf/10.1002/wfs2.1414 WIREs Forensic Science: The effectiveness of the current use of forensic DNA in criminal investigations in England and Wales (February 2021)]
 +
**[https://ec.europa.eu/transparency/regdoc/rep/1/2020/EN/COM-2020-857-F1-EN-ANNEX-1-PART-1.PDF European Commission: TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART (25th December 2020)]
 +
**[https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_2532 European Commission: Questions & Answers: EU-UK Trade and Cooperation Agreement (24th December 2020)]
 +
** [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://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)]
 
**[https://www.gov.scot/news/biometrics-commissioner/ Scottish Government: Biometrics Commissioner (10th March 2020)]
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**[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]
 
**[https://www.gov.uk/government/publications/dna-policy UK Government: DNA policy (immigration)]
 
**[https://www.gov.uk/government/publications/dna-policy UK Government: DNA policy (immigration)]
 +
**[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/715318/FINDS-SB-P-002_-_Issue_1_-_FINDS_Strategy_Board_Policy_Access_and_Use_Po....pdf Forensic Information Databases Service (FINDS):The Forensic Information Databases Strategy Board Policy for Access and Use of DNA Samples, DNA Profiles, Fingerprint Images, and Associated Data (7th June 2018)]
 
**[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.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://www.gov.uk/government/publications/biometrics-commissioner-annual-report-2017 Biometrics Commissioner: annual report 2017]
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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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**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117784/ndnad-ann-report-2007-09.pdf The National DNA Database Annual Report 2007-08]
 
**[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117784/ndnad-ann-report-2007-09.pdf The National DNA Database Annual Report 2007-08]
 
**[http://www.cl.cam.ac.uk/~rja14/Papers/database-state.pdf Rowntree Database State report (23rd March 2009)]
 
**[http://www.cl.cam.ac.uk/~rja14/Papers/database-state.pdf Rowntree Database State report (23rd March 2009)]
 +
**[https://rm.coe.int/168067d216 European Court of Human Rights: CASE OF S. AND MARPER v. THE UNITED KINGDOM (4th December 2008)]
 
**[http://www.publications.parliament.uk/pa/cm200708/cmselect/cmhaff/58/58ii.pdf Home Affairs Committee report: A Surveillance Society? (Vol II: Evidence)]
 
**[http://www.publications.parliament.uk/pa/cm200708/cmselect/cmhaff/58/58ii.pdf Home Affairs Committee report: A Surveillance Society? (Vol II: Evidence)]
 
**[http://www.publications.parliament.uk/pa/cm200708/cmselect/cmhaff/58/58i.pdf Home Affairs Committee Report: A Surveillance Society? (Vol I)]
 
**[http://www.publications.parliament.uk/pa/cm200708/cmselect/cmhaff/58/58i.pdf Home Affairs Committee Report: A Surveillance Society? (Vol I)]
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*Press articles
 
*Press articles
 +
**[https://www.theguardian.com/uk-news/2023/feb/09/police-botch-dna-samples-england-wales The Guardian: Police in England and Wales botch more than 1,500 DNA samples (9th February 2023)]
 +
**[https://www.thetimes.co.uk/article/police-failure-to-seal-dna-sample-bags-puts-criminal-cases-at-risk-vdldsqq0p The Times: Police failure to seal DNA sample bags puts criminal cases at risk (29th October 2021)]
 +
**[https://www.thedetail.tv/articles/criticism-for-proposed-changes-to-psni-s-storage-of-public-s-dna-and-fingerprints The Detail: Criticism of proposed changes to PSNI’s storage of public’s DNA and fingerprints (8th July 2021)]
 +
**[https://news.sky.com/story/home-secretary-must-take-responsibility-for-accidental-wiping-of-150-000-arrest-records-12188163 Sky News: 'Human error' blamed for wiping of thousands of police records (16th January 2021)]
 +
**[https://bylinetimes.com/2020/07/14/uk-deal-to-share-dna-and-fingerprints-evades-parliamentary-scrutiny/ Byline Times: 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.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.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)]
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**[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.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.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://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://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)]

Latest revision as of 11:25, 18 July 2023

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.

At 31st March 2020, the DNA database held 6,568,035 individuals' DNA profiles (taken from 5,604,185 individuals, when duplicates are taken into account) and 647,378 from crime scenes (of which 213,003 had not been matched to an individual's DNA profile).

Legislation covering police use of DNA is different in Scotland and Northern Ireland from the law in England and Wales. Scotland and Northern Ireland maintain separate DNA databases, but DNA profile records loaded to these databases are also loaded to the UK's NDNAD. Thus, the UK's NDNAD holds DNA profiles from all UK police forces (as well as the Channel Islands and the Isle of Man), but the laws covering the retention of DNA profiles taken in each country differ. At 31st March 2020, individuals' DNA profiles stored on the NDNAD (including duplicates) consisted of 5,615,953 from England, 371,848 from Scotland, 365,965 from Wales, 171, 037 from Northern Ireland, and 43,230 other (this includes those from the Channel Islands, Isle of Man, Ministry of Defence police forces, HM Revenue and Customs, prisoners and others).

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/>