Ministers reject police plan for DNA database

Published on Saturday 23 February 2008 18:47

MINISTERS have ruled out a DNA database of everyone arrested in Scotland, putting themselves at loggerheads with the country's police chiefs.

The Association of Chief Police Officers of Scotland (ACPOS) wants the SNP Government to fall in line with England and Wales, where anyone who is arrested has to provide a forensic sample.

But Justice Minister Kenny MacAskill has ruled this out, claiming it would be an infringement of the public's human rights.

The only possibility of an expansion to the rules governing retaining DNA samples in Scotland may see unconvicted sex offenders having their profiles kept, but ACPOS wants a much wider remit.

However, MacAskill said he did not believe there would be benefits from any extension. The Justice Minister said: "While we rightly seek to protect the public from criminals, our citizens must also be protected from an over-intrusive state. Our Government has already made clear that we do not support the blanket retention of all forensic information taken from innocent people. We are not persuaded, for example, that it would generally be right for the police to keep fingerprints and DNA samples from everyone who is detained but not eventually convicted, or even prosecuted."

At present, anyone who has their DNA taken as part of a police inquiry in Scotland – presently around 4,000 people-a-month – automatically has it removed if they are not convicted.

The only exceptions are for individuals who remain part of an ongoing police inquiry. However, in extreme circumstances, a person who has been charged with a violent or sexual offence but not found guilty can have their details held for up to three years, after which a sheriff has to rule if that time period can be extended.

But senior Scottish detectives remain convinced if they had access to an English-style database their own clear-up rates would be much higher and the public would be safer.

The subject of retaining DNA profiles returned to the headlines last week following the convictions of two high-profile murders.

Both Steve Wright, the so-called 'Suffolk Strangler' who was found guilty of murdering five prostitutes and Mark Dixie, jailed for life for killing Sally-Anne Bowman were identified through DNA samples taken during inquiries into previous, unrelated offences.

Following the two cases, a senior Metropolitan Police officer said he believed a national database containing the DNA of every adult in the UK would help cut serious crime.

But whilst Whitehall has ruled out any such move, police forces in both England and Wales do have access to a forensic library of 4.5 million potential suspects with almost everyone who is arrested being forced to provide a sample. And it is this which the ACPOS would like to see replicated north of the border.

A police source said: "If you can press a button and get an immediate answer to your inquiry, then you would obviously want that.

"The expanded database would enable us to catch more criminals but the civil liberties of everyone, including thugs, burglars and murderers would, unfortunately, appear to be more important than maintaining public safety these days."

Yesterday, an ACPOS spokesman said: "Our position is that we should move into line, after discussion with Scottish Government with… England and Wales and DNA samples should be taken and retained under strict guidelines from offenders.

"We are in favour of mirroring any legislation in the UK Parliament allowing the taking and retention of DNA samples from persons arrested for an offence as well as for registered sex offenders, whose profiles are not currently held.

"Such samples, at present, can be taken upon arrest for a period of one month following the date of conviction."