MSPs reject holding DNA from innocent people for six years

Published on Tuesday 27 April 2010 23:10

PLANS to double the time that innocent people's DNA can be held on file have been blocked in the Scottish Parliament.

The justice committee voted to keep the upper limit at three years for people charged but not convicted of violent or sexual crimes.

It backed raising the minimum age at which a child can be tried in an adult court from eight to 12, bringing it in line with most of Europe, but not to raise the age of criminal responsibility, which will stay at eight. That means children of that age could still appear before a Children's Hearing and receive a criminal record.

Stuart Maxwell, one of the committee members, said: "Children over eight can understand the difference between right and wrong."

An attempt by Margaret Curran to give victims of crime the right to speak at parole hearings was also defeated, but the community safety minister, Fergus Ewing, said he would bring it forward in separated legislation.

None of the committee's decisions is final and the Criminal Justice and Licensing Bill will still have to face a vote of all MSPs in the parliament before becoming law.

DNA retention was raised to six years in England and Wales, something Scottish Labour wanted to replicate north of the Border.

James Kelly, Scottish Labour's spokesman on community safety, said: "It simply does not make sense for Scotland to have weaker laws on DNA retention that the rest of the UK."

There were 832 positive matches to the DNA database in cases of rape, murder and manslaughter in England and Wales last year.

People convicted of offences, throughout the UK, see their DNA retained on file for life.

A spokesman for the Scottish Government said: "Scotland's DNA retention system has been widely praised.

"Those prosecuted of violent and sexual offences, but not subsequently convicted, have their DNA retained for three years. This can already be extended by the courts for two-year periods on a rolling basis, in cases where someone continues to pose a danger to the public."

Ms Curran, who is Labour's candidate in Glasgow East in the General Election, called the Scottish Government's backing for her proposal on parole "a real step forward for victims' rights".

Mr Ewing told the committee: "We will put through proposals that will allow victims to be heard at parole board hearings."

Robert Brown, the Scottish Liberal Democrat spokesman, whose amendment would have raised the age of criminal responsibility, must decide whether to bring the proposal back at the final stage of the bill. He said: "We want to see the age of criminal responsibility match the age of criminal prosecution."

Bill Aitken, committee convener, said: "The Scottish Government has to be very careful in this matter, particularly against the background of significantly increased offending by this age group."

Children's commissioner Tam Baillie said: "I intend to keep pursuing this issue – Scotland must end the routine criminalisation of children."