Scottish Human Rights Law Group

Report published by the Equality and Human Rights Commission

Publication Date: 05 January 2010

The Equality and Human Rights Commission has informed the Home Affairs Select Committee that many of the Government’s revised proposals relating to the retention of DNA material, are still incompatible with the European Convention on Human Rights 1950.

One such incompatibility is the indefinite retention of DNA profiles of an adult convicted of any recordable offence. Instead, the severity of the crime should be taken into account in determining a limited retention period; the retention for six years of DNA profiles of an adult arrested for a recordable offence but where no conviction is obtained.

Other incompatibilities include;

the lack of a mechanism for the independent review of decisions made by the Chief Constables about whether to retain data in individual cases;

a new power to take a DNA sample and fingerprints from anyone previously convicted or a recordable offence after 1995;

the lack of a time limit on the exercise of new powers to obtain a DNA sample from someone convicted of a serious offence abroad or subject to a control order.

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