DNA retention comes under review

Ministers commission expert to report in six months

News, 24 September 2007

A leading forensics expert is to review the procedures for retaining the forensic data of those accused of sexual or violent offences in Scotland.

Professor James Fraser, head of Strathclyde University's Centre for Forensic Science and a former president of the Forensic Science Society, will examine options for extending the circumstances in which DNA and other records can be retained for possible future use.

Under legislation introduced in January this year, the police currently must destroy the fingerprint and DNA records of all suspects who are not convicted, except where a suspect is arrested or detained and criminal proceedings were raised against them for a sexual or violent offence. In these cases they are able to retain records for three years, or longer with the agreement of a sheriff.

In England & Wales a DNA profile from anyone arrested can be retained indefinitely, whether or not a conviction is obtained. Arguments have continued between politicians, organisations representing crime victims, and civil libertarians as to the effectiveness of the policy and whether it marks too great an extension of the surveillance powers of the state. In Scotland the First Minister foreshadowed the review in June in response to opposition calls, but the remit of the review announced today focuses on violent and sexual offences.

The remit of the review is:

"To review the operation and effectiveness of the legislative regime governing police powers regarding the acquisition, use and destruction of forensic data in relation to:

individuals who are prosecuted for a relevant sexual or violent offence, but not convicted (i.e. where criminal proceedings are instituted but conclude (a) prior to a verdict, or (b) with the accused being acquitted with a verdict of not guilty or not proven; or (c) with the accused being acquitted on grounds of insanity);
and individuals who, in being dealt with by a children's hearing, accept that they have committed a relevant sexual or violent offence, or are found by a sheriff to have committed such an offence;
and, taking account of the views of relevant stakeholders and available information and experience elsewhere, to identify proportionate options for reforming Scots law, by making appropriate provision for a delay in the destruction of such data, in order to enhance crime prevention and detection capability;

and to report to the Scottish Government within six months."

Justice Secretary Kenny MacAskill said the review would focus on individuals who were prosecuted for violent and sexual offences, checking whether the procedures introduced in January were effective and examining also why it should be lawful to allow DNA records to be retained but to require fingerprint records to be destroyed. The government was working to achieve broad agreement on the common cause of building safer and stronger communities.

He added: "We recognise that there remain differences of opinion and we believe there is merit in examining whether there are further changes to the regime that we can ask Parliament to consider.

"Our government has already made clear that we do not support the blanket retention of all forensic information taken from innocent people. We are not persuaded, for example, that it would generally be right for the police to keep fingerprints and DNA samples from everyone who is detained but not eventually convicted, or even prosecuted."