Call to retain more DNA samples

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The law on the retention of DNA samples in Scotland could soon be tightened by the closing of a "legal loophole".

Currently, people who accept "direct measures" such as fines, as an alternative to prosecution, cannot have their DNA kept in the police database.

Nationalist MSP Stewart Maxwell plans to amend a bill at Holyrood to allow samples to be retained to "enhance public protection".

The Scottish government said it would consider the amendment "favourably".

Direct measures can be used as an alternative to prosecution for crimes such as vandalism, breach of the peace, theft and assault.

Mr Maxwell, MSP for West of Scotland, said acceptance of a direct measure was "an acceptance of responsibility for alleged crime".

In these cases DNA or fingerprints taken by the police should be treated exactly the same as if they had received a criminal conviction Stewart Maxwell MSP

He said retaining DNA in such circumstances would not infringe anyone's human rights, and he plans to lodge an amendment to the Criminal Justice and Licensing (Scotland) Bill.

He added: "I believe that when those who have been accused of crimes accept direct measures such as fiscal fines or work orders they are also accepting their guilt.

"In these cases DNA or fingerprints taken by the police should be treated exactly the same as if they had received a criminal conviction."

In Scotland most DNA samples are destroyed if the individual is neither charged nor convicted, unlike in England and Wales where DNA samples are routinely retained.

Human rights

A Scottish government spokesman said: "We must strike an even-handed balance between the rights of the individual and the protection of the public from serious and violent offending.

"Stewart Maxwell's amendment looks to address that commitment and it is quite clear his proposals have been reinforced by the views of key stakeholders. We will certainly consider the amendment favourably."

The Association of Chief Police Officers in Scotland and the Scottish Police Services Authority have called for forensic data taken from those who accept a police fixed-penalty notice to be retained.

Scottish Labour welcomed any plan to increase the size of the DNA database, and said it planned to bring forward its own amendments.

Labour justice spokesman Richard Baker said: "This is the very least the Scottish government should be doing to ensure DNA evidence can be used to tackle crime.

"The reality is that the SNP are determined to have a situation where there will be far weaker laws on DNA retention in Scotland than the rest of the UK."