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Police 'must purge innocent DNA' Police 'must purge innocent DNA'
(about 1 hour later)
Ministers should instruct police forces to stop retaining the DNA of innocent people, the Equality and Human Rights Commission has said.Ministers should instruct police forces to stop retaining the DNA of innocent people, the Equality and Human Rights Commission has said.
Last year human rights judges called for an end to the holding of samples from nearly a million people arrested but never convicted of an offence.Last year human rights judges called for an end to the holding of samples from nearly a million people arrested but never convicted of an offence.
But the Association of Chief Police Officers (Acpo) advised staff to add new samples until the law was changed.But the Association of Chief Police Officers (Acpo) advised staff to add new samples until the law was changed.
But the human rights group said this breached the law. The human rights group said this breached the law.
In December, the European Court of Human Rights ruled that blanket retention of all suspects' DNA was disproportionate.In December, the European Court of Human Rights ruled that blanket retention of all suspects' DNA was disproportionate.
And the judges focused their criticism on the "limited" opportunities for those found not guilty, or mistakenly arrested, to have their DNA data removed.And the judges focused their criticism on the "limited" opportunities for those found not guilty, or mistakenly arrested, to have their DNA data removed.
John Wadham, of the Equality and Human Rights Commission, said: "The police are at the forefront of the fight against crime.John Wadham, of the Equality and Human Rights Commission, said: "The police are at the forefront of the fight against crime.
Acpo adviceAcpo advice
"The importance of this fight cannot be underestimated but it should comply with the government's legal obligation to protect the privacy of innocent people, as outlined by the European Court."The importance of this fight cannot be underestimated but it should comply with the government's legal obligation to protect the privacy of innocent people, as outlined by the European Court.
"The government should take the opportunity to clarify the law now and avert future costly and time consuming legal action.""The government should take the opportunity to clarify the law now and avert future costly and time consuming legal action."
A Home Office policy consultation closed more than a month ago but ministers are yet to publish a response.A Home Office policy consultation closed more than a month ago but ministers are yet to publish a response.
Ministers have suggested setting limits on the length of time suspects' DNA profiles can be held.Ministers have suggested setting limits on the length of time suspects' DNA profiles can be held.
A time frame of between six and 12 years, depending on the seriousness of the alleged offence, has been mooted.A time frame of between six and 12 years, depending on the seriousness of the alleged offence, has been mooted.
The Acpo advice, contained in a letter that was leaked to the Guardian, said changes to the law were not expected to take effect until 2010.The Acpo advice, contained in a letter that was leaked to the Guardian, said changes to the law were not expected to take effect until 2010.
It stated: "Until that time, the current retention policy on fingerprints and DNA remains unchanged."It stated: "Until that time, the current retention policy on fingerprints and DNA remains unchanged."
'Special treatment''Special treatment'
"Acpo strongly advise that decisions to remove records should not be based on (the government's) proposed changes. It is therefore vitally important that any applications for removals of records should be considered against current legislation.""Acpo strongly advise that decisions to remove records should not be based on (the government's) proposed changes. It is therefore vitally important that any applications for removals of records should be considered against current legislation."
Meanwhile, Chief Constable Chris Sims, of Acpo, said: "At the time of the judgment it was made clear to police forces that existing law on DNA retention remains in place while the government consults on a legislative response.Meanwhile, Chief Constable Chris Sims, of Acpo, said: "At the time of the judgment it was made clear to police forces that existing law on DNA retention remains in place while the government consults on a legislative response.
"Acpo advice to chief officers has simply reflected this legal position, which has been communicated to us by the government because it is clearly important the police service acts according to current law.""Acpo advice to chief officers has simply reflected this legal position, which has been communicated to us by the government because it is clearly important the police service acts according to current law."
He added that the police service "believes it is vital the DNA database remains reasonable and proportionate and retains the full confidence of the public".He added that the police service "believes it is vital the DNA database remains reasonable and proportionate and retains the full confidence of the public".
Last month police agreed to delete DNA records it held of Tory MP Damian Green .Last month police agreed to delete DNA records it held of Tory MP Damian Green .
He said he wanted the same right extended to all innocent people on the police database - rather than "special treatment" for public figures.He said he wanted the same right extended to all innocent people on the police database - rather than "special treatment" for public figures.