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Six-year limit on DNA of innocent Six-year limit on DNA of innocent
(31 minutes later)
The DNA of most innocent people arrested in England and Wales will not be held for more than six years. The DNA of most innocent people arrested in England and Wales will no longer be held for more than six years, the Home Office has confirmed.
The Home Office confirmed the move in a bid to make the DNA database legal. But police may be allowed to keep DNA from those arrested for terrorism, even if they are freed or found not guilty.
Police may be allowed to keep indefinitely DNA from those arrested for terrorism, even if they are later released or found not guilty at trial. It comes after the European Court of Human Rights ruled last year that the National DNA Database was illegal.
Ministers say the package, including special measures for teenagers, balances their duties to protect privacy against needs of the police. Ministers say the package of proposed reforms will protect privacy - but also allow police to use DNA to solve crime.
'Balanced' package
According to the the European Court of Human Rights said the database in England and Wales is illegal because it allows police to indefinitely retain the profiles of people who have been arrested - but never actually charged or found guilty of a crime.
PROPOSED DNA RETENTION RULES Convicted adults - indefiniteUnconvicted adults - six yearsUnconvicted, but arrested for terrorism - possibly indefinitelyFirst minor offence - five yearsSecond minor or first serious offence - indefinitelyUnconvicted 16-17 year olds - six years if arrested for serious offence; three years for minorUnconvicted younger juveniles: three yearsApplies to England and Wales; Scottish rules are different
However, it said the Scottish part of the database was legal because police deleted most of the profiles falling into this category.
Northern Ireland's store is also technically illegal because it is administered in the same way as England and Wales.
Unveiling a package of measures to address the court's judgement, the Home Office said the government had come up with a solution that balanced the public's concerns with the legitimate operational needs of the police.
The measures, including new guidance for police forces, will need to go before Parliament. The Conservatives and Liberal Democrats will oppose the plan, saying the system should be the same as in Scotland.
NATIONAL DNA DATABASE Profiles: 5.9mIndividuals: 5.1mEstimated proportion of replicate profiles: 14% Estimate for people neither charged nor convicted: 20%Crimes solved with database's help: 32,200 (0.68% of all crime) Profiles removed March-Oct 2009: 255 Source: Home Office/Parliamentary questions Q&A: The national DNA database Send us your comments
But Home Secretary Alan Johnson said: "It is crucial that we do everything we can to protect the public by preventing crime and bringing offenders to justice.
"The DNA database plays a vital role in helping us do that, providing thousands of crime scene matches every year and helping to put many criminals behind bars where they belong.
"I believe the proposals represent the most proportionate approach to DNA retention, as well as the most effective way of ensuring the database continues to help us tackle crime."
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