DNA update - Crime and Security Act 2010

Despite concerns that we should be adopting measures which are said to be less fair than Scotland's scheme, the controversial provisions for a six-year period of retention of data even though the person has not been charged has been passed.

We have already considered the principles of the European Court of Human Rights ruling that the indefinite and blanket policy of retaining DNA even of persons who have not been charged or convicted of an offence to be disproportionate and contrary to Article 8 of the European Convention on Human Rights.  We have also had the opportunity of listening to the views of the father of DNA, Sir Alec Jefferys, as well as the Home Secretary, Alan Johnson.

Despite reservations and a healthy debate in Parliament the controversial provisions to introduce a 6 year period of retention for persons who have not been convicted have now found their way onto the statute books in the form of the Crime and Security Bill which was passed on the 7 April 2010.

Even so, we may have to wait and see when the new provisions take effect as they are dependant upon a revised Code of Practice being drawn up and approved after the general election on the 6 May. 


Related Items

The items below list this Article as being related in some way.

Our recommended books

Amazon's recommended Books

RSS Feeds


Recent Posts

The latest posts from the lawmentor.co.uk blog archives.

Supreme court busy - make sure you are geared up for your course

The Supreme Court has been especially busy lately.

Gina miller v secretary of state for exiting the eu 2016 as an example of the importance of judicial independence

Law students are now required to take note of how the independence and work of the judiciary has been reformed

Policing and crime bill and provisions for bail after arrest but before charge

The clear intention is that decisions on pre-charge bail should come under scrutiny.

The judicial committee of the privy council – a colonial legacy

The Judicial Committee of the Privy Council is the highest court of appeal for many Commonwealth countries.

Does the scrapping of glen parva secure college and the lifting of a book ban herald the start to serious reform of the failing prison system?

How much of Michael Gove's vision for prisons and the criminal justice system will be effective in righting self-inflicted wrongs remains to be seen.

Police-led prosecutions are to be extended again.

Home Secretary Theresa May announces “We will extend the use of police-led prosecutions to cut the time you spend waiting for the Crown Prosecution Service”.

Perverse verdict in the name of justice? mutiny at high down

High Down prison in Banstead may not be on the high seas but apparently it can be the scene of a mutiny.

Statutory interpretation - bogdanic -v- the secretary of state for the home department; qbd 29-aug-2014

The case concerns the operation of the carriers' liability regime in relation to the immigration control zones in France.