Government seeks to close DNA 'loophole'

Published on Sunday 27 September 2009 23:21

CALLS to tighten the law on retaining people's DNA will be looked at "favourably", the Scottish Government said yesterday.

The DNA of anyone convicted of a crime is retained under current rules, but if a person accepts a "direct measure", such as a fine, as an alternative to being prosecuted in court then their DNA cannot be kept.

Nationalist West of Scotland MSP Stewart Maxwell wants this "loophole" closed to "enhance public protection".

He will lodge an amendment to the Criminal Justice and Licensing (Scotland) Bill to try to achieve this. He has also written to Justice Secretary Kenny MacAskill for his support. Mr Maxwell wrote that if someone accepted a direct measure as an alternative to prosecution, that was "an acceptance of responsibility for any alleged crime".

Allowing DNA to be retained in these circumstances will not infringe anyone's human rights, he claimed. Direct measures can be used in vandalism, breach of the peace, theft, assault and other alleged offences.

The Association of Chief Police Officers and Scottish Police Services Authority have called for forensic data taken from those who accept a police fixed-penalty notice to be retained.