DNA samples can be kept for longer
3 Jan 07
New powers allow police to retain samples of those accused of sexual and violent crimes
Scotland's police forces can now hold on to the DNA of those accused of sexual or violent offences, even if they are not convicted.
The change in the law, which means forces can keep samples for up to three years and apply for an extension if necessary, came into effect on 1 January. The powers are introduced by the Police, Public Order and Criminal Justice (Scotland) Act 2006.
As well as the DNA retention measures, other provisions introduced on 1 January will allow the Scottish Police Services Authority and the Police Complaints Commissioner for Scotland to recruit staff in preparation for the full establishment of the two offices on 1 April 2007.
Monday also saw the introduction of regulations to establish pilot test areas for mandatory drug testing.
Other provisions of the Act will come into force later in 2007. These include:
- strengthened powers for prosecutors and the police to encourage those accused of crimes to give information about others involved in serious organised crime, in return for reduced sentences;
- mandatory drug testing on arrest for anyone aged 16 or over who is suspected of a drugs or drugs-related offence, or other offences including theft;
- measures to improve the organisation of marches and parades, and allow local authorities to take account of a wider range of factors, such as the views of the community.
Justice Minister Cathy Jamieson said: "These new DNA provisions... represent a sensible balance between those who believe that the police should retain all the DNA that they take and those who argue that police powers to keep DNA should be limited. The focus on violent and sexual offences is proportionate, given the seriousness of those offences."
Last week Ms Jamieson announced Labour proposals for the Holyrood elections which would allow the police to retain DNA samples from anyone arrested for any offence, as is now the position in England. The suggestion was attacked by the other political parties as an excessive extension of police powers.