DNA & Fingerprints

Your authority regularly holds onto peoples DNA samples and finger print details even when individuals have been found not guilty of an offence. Samples etc are only destroyed in exceptional circumstances.

1. How many requests for the destruction of DNA and finger print samples have been received by your authority since 2007? 
2. How many request have been granted since 2007? 
3. How many requests have been refused since 2007? 
4. If an individual has been found innocent of a first offence in a court of law, how long does your authority hold onto the individuals DNA and finger print samples?

In accordance with section 1(1) (b) of the Act our response is provided below;

Question 1. 40 initial requests were received of which 27 requested consideration under the exceptional case procedure.

Question 2. 8

Question 3. 19

Question 4. Currently information is retained until the subject reaches 100 years of age. This is under review by the Minister of State following an amendment to the legislation by Parliament. (Crime & Security Act 2010, See brief explanation below:)

The Act contains provisions to give additional powers to the police to take fingerprints and DNA samples from people who have been arrested, charged or convicted in the UK, and from those convicted overseas of serious sexual and violent offences.

In response to the European Court of Human Rights judgment in the case of S and Marper v United Kingdom [2008] ECHR 1581, the Act also sets out a statutory framework for the retention and destruction of biometric material, including DNA samples, DNA profiles and fingerprints, that has been taken from an individual as part of the investigation of a recordable offence. These powers were consulted upon in the Keeping the Right People on the DNA Database paper published in May 2009