- Reference Number: 2095
- Date released: 23 September 2009
Request
- I would like to know whether the police force is planning to
take DNA samples from people who have been given fixed penalty
notices in the next five years.
- If so, I would like to know what sort of offences this would
entail - littering, public order, fly-tipping etc.
- II would also like to know whether the force has already taken
DNA swabs from people who have been given fixed penalty
notice
4. If yes, how many DNA samples have been taken and what were the
offences?
Response
In accordance with section 1(1) (b) of the Act our response is
provided below;
Question 1. There is no information held.
Please note: Your question is somewhat flawed. Penalty notices are
a criminal justice disposal. The events that take place prior to
the disposal are what will determine the taking of DNA as
follows:
Section 63 of the Police and Criminal Evidence Act 1984, as amended
by the Criminal Justice Act 2003, provides the power for the taking
of DNA samples from a person in police custody who has been
arrested for a recordable offence, i.e. any offence punishable by
imprisonment, and offences listed in The National Police Records
(Recordable Offences) Regulations 2000, as amended.
Therefore the taking of DNA is entirely dependant on the nature of
the offence for which a person was arrested. The options of how to
deal with the offender for the offence would include charge,
summons, caution or penalty notice.
Questions 2, therefore is not applicable.
Question 3. I have interpreted this question to read 'how many
people who have provided a DNA sample went on to receive a penalty
notice for the offence they were arrested for'
In the last 12 months 1681 Penalty Notices were issued to persons
who had been arrested for various offences. It follows that under
PACE each of them would have supplied a DNA sample
beforehand.
Question 4. This question again has been interpreted as the
previous Question 3. We are unable to provide this information
within the cost restraints of FOI. To obtain this data would
require a manual examination of each file relating to each arrest,
this it is estimated would exceed the appropriate limit. The
appropriate limit is defined in the Data Protection and Freedom of
Information (Fees and Appropriate Limit) Regulations 2004, which is
covered by statutory Instrument Number 3244 of 2004. Furthermore,
Section 12 of the Freedom of Information Act 2000 allows a public
authority to refuse to respond to a request for information where
the cost of compliance would exceed the appropriate limit as
defined by the above mentioned regulations.
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