UK Liberty

DNA Database

Posted in DNA database, law and order, politicians on liberty, relates to ordinary people by ukliberty on November 28, 2009

from the 19th november.

How convenient:

Lord Lester of Herne Hill (Liberal Democrat)

To ask Her Majesty’s Government whether they intend to legislate to abide by the judgment of the European Court of Human Rights of 4 December 2008 in S and Marper v United Kingdom so as to end the practice of holding DNA samples of individuals who are arrested but later acquitted or have the charges against them dropped; and, if so, whether they will ensure that the practice is ended and legislation enacted during the present Parliament.

Lord West of Spithead (Parliamentary Under-Secretary (Security and Counter-terrorism), Home Office; Labour)

We will bring forward proposals to change domestic law in response to the judgment as soon as parliamentary time allows.

… given that the governing party sets the Parliamentary timetable.

And, given that it is a matter of policy, not law, as to the samples that are taken and for how long, this is a bit of a red herring – in other words, the police aren’t obliged by law to take samples, the law simply gives them the power to do so, and policy changes do not require changes in domestic law.

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2 Responses

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  1. David Mery said, on November 28, 2009 at 8:44 pm

    The EHRC has put pressure on the ACPO to change its guidance to chief constables, what basically is the policy. ACPO has replied to the EHRC but the EHRC has not yet made the substance of this letter public.

    http://www.equalityhumanrights.com/media-centre/commission-writes-to-the-association-of-chief-police-officers-over-retention-of-dna-evidence/

  2. ukliberty said, on November 29, 2009 at 4:10 pm

    Thanks David.


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