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Scotland reviews rules on DNA
23 September 2008

The Scottish Government is to scrutinise police powers to store DNA and fingerprint evidence

A two month consultation exercise will consider proposals to allow police to retain forensic evidence taken from suspects who are dealt with by a fine, compensation or work order, rather than prosecuted in courts.

It will look into whether the temporary retention of DNA data from individuals charged, but not subsequently convicted, with violent or sexual offences should be extended to include fingerprint data.

Proposals to improve the collection, storage and security of forensic evidence in Scotland will also be considered.

Under current rules, the forensic evidence of anyone convicted of a crime in Scotland can be held permanently by police. Samples taken from someone who is under 16 when arrested or detained must be destroyed however, if they are referred to a Children's Hearing, rather than prosecuted in a criminal court.

The consultation follows a review of the country's existing regime to store DNA and fingerprint evidence by the University of Strathclyde's forensics expert, Professor Jim Fraser. Among Fraser's recommendations is that police should be allowed to retain the data of minors if they are found to have committed violent or sexual offences.

Justice minister Kenny MacAskill said: "The Scottish Government has been consistently clear that we do not support the permanent holding of forensic data taken from individuals who have committed no offence. While remaining committed to that principle, we believe now is time for a wider public debate.

"As part of that debate, I believe we should consider whether police should be allowed to retain forensic evidence in a relatively small number of cases where a young person within the hearings system admits, or is found to have committed a violent or sexual offence, which may indicate a further future risk to themselves or others."

England's rules on the retention of DNA evidence are being challenged in the European Court of Human Rights by two men who were arrested and had DNA lawfully sampled, but were later cleared of any offence.

A ruling is expected within weeks, and if successful could mean hundreds of thousands of samples being removed.

Scotland's consultation will run until 21 November.


Source: Kable's Government Computing
Publication date: 23/09/2008 13:39:08

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