News In Focus
28 September 2009
Bid to close DNA "loophole"
The Scottish Government has indicated it will look “favourably” at calls to tighten the law on retaining people’s DNA.
Under current rules, the DNA of anyone convicted of a crime is retained, unless they accept a direct measure such as a fine as an alternative to being prosecuted in court.
SNP MSP Stewart Maxwell maintains this exclusion amounts to a "loophole" and intends to lodge an amendment to the Criminal Justice and Licensing (Scotland) Bill to close it off. He said that if someone accepted a direct measure as an alternative to prosecution, it was “an acceptance of responsibility for any alleged crime”, and for the purposes of DNA or fingerprints taken by the police "should be treated exactly the same as if they had received a criminal conviction."
Allowing DNA to be retained in such circumstances would not infringe a person’s human rights, he said.
A Scottish Government spokesman said the proposal appeared to balance the rights of the individual and the protection of the public and would be considered favourably.
The Association of Chief Police Officers in Scotland and the Scottish Police Services Authority have also called for forensic data taken from those who accept a police fixed penalty notice to be retained.