A proposal to retain DNA samples taken from people who have been arrested but not charged with a crime for up to five years has come under criticism from the Joint Committee on Human Rights.
The committee has been reviewing the Protection of Freedoms Bill for its compatibility with human rights (see our post: Protections of freedom bill under scrutiny and the Committee’s conclusions). The retention of DNA has long been a hot topic.
On the one hand, many people feel strongly that retention of something as personal as someone’s genetic code should never be done when the person has not been convicted of a crime. As DNA analysis gets more advanced, it can reveal increasingly large amounts of information about a person.
Desmond v The Chief Constable of Nottinghamshire Police 2011] EWCA Civ 3 (12 January 2011)- Read judgment
The Court of Appeal has ruled that it is not possible to sue the police in negligence for not filling in an Enhanced Criminal Record Certificate (ECRC). The ruling shows that the courts are still reluctant to allow negligence claims against the police, and provides useful guidance as to the duty of care of public authorities towards the general public.
Vincent Desmond was arrested in 2001 for a late-night sexual assault in Nottingham. He denied the crime, and a week later the police decided to take no action against him. When closing the file, a detective constable wrote in his notebook “It is apparent Desmond is not responsible for the crime. The complainant visited and cannot state for certain if Desmond is responsible.”