Sean O'Neill, Crime Editor
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Murder, rape and child abuse investigations will be hampered if a European
court rules that more than 500,000 DNA samples should be removed from
Britain’s National DNA Database, a senior police chief has told The
Times.
In his first interview since standing down as chairman of the database, Tony
Lake gave warning that serious crimes would go undetected if judges barred
police from storing the DNA of people who had been arrested but not
subsequently convicted of an offence.
Mr Lake, Chief Constable of Lincolnshire, urged ministers to consider all
possible options if the court’s ruling went against Britain. “The law is the
law. We have signed up to the European principles and I appreciate that it
is very difficult for any government, but we must understand the level of
risk that is created automatically when you start to filter and purge your
DNA database,” he said.
Ministers’ options are limited because the case is being heard by the Grand
Chamber of the European Court of Human Rights, the rulings of which are
binding and impossible to challenge. The case was brought by two men from
Sheffield who were arrested in 2001 and had their fingerprints and DNA
samples taken. They argue that, because they were not convicted of any
crime, the samples should now be destroyed. Their case has been rejected in
the British courts but was heard by the European Court of Human Rights in
February. A judgment is expected later this year.
Mr Lake, 57, who retires next week, said that the case was the most pertinent
issue in forensic science and he dismissed the debate about creating a
universal DNA database as a red herring. “You could argue that this is a
manifesto issue. If there is a debate about expanding the database, then
there should be a national debate about the consequences of cutting it. The
country must understand that there will be an increased risk to our ability
to solve crime.
“It would be potentially devastating. Without a doubt, it would prevent the
detection of a variety of crimes, including some of the most serious.”
More than 8,000 people who were on the database because they had been
arrested, but not convicted, have been found guilty of subsequent offences
after their DNA was recovered from crime scenes. The cases have involved
about 14,000 offences, including 114 murders, 55 attempted murders and 116
rapes.
The database holds 4.5 million samples and is by far the largest in Europe.
About 60,000 personal samples are added to it every month and further
unknown profiles are loaded from crime scenes. DNA samples, which are always
supported in court by other corroborating evidence, played a key role in the
conviction of Steve Wright, who killed five prostitutes in Ipswich, and Mark
Dixie, the killer of the model Sally Anne Bowman. It has also helped police
to solve “cold cases” including rape cases dating back decades. Mr Lake
said: “There have been spectacular results in cases where lives have been
shattered, where women have been afraid to walk out their front doors for
fear of bumping into the man who raped them 10, 15 or 20 years before.”
The greatest unforeseen benefit of DNA advances, however, has been in solving
so-called volume crime, such as burglaries, assaults and car thefts. Mr Lake
said: “The public expectation now is that crime will be solved, not by the
presence of witnesses, but because there will be DNA. It has stolen the
limelight but we get more convictions through finding fingerprints. Other
areas of forensic science are opening.”
His fear is that an adverse ruling would not only hurt the DNA database but
also restrict the use of fingerprints and other intelligence databases. “The
question would quickly become. ‘To what extent does the ruling apply to
other databases?’.”
The key issue for Mr Lake is whether the court will consider the rights of
victims properly. “People will accuse me of playing the emotional card.
Well, I don’t do emotional blackmail. You have to think the unthinkable. I
would not like to be the officer who has to look a parent in the eye and
say, ‘We could have prevented this’.”
Equal treatment
The future of the world's most sophisticated DNA database is being considered
by the Grand Chamber of the European Court of Human Rights, which draws its
members from the nations of the Council of Europe.
The 17-judge panel trying the DNA case includes some with limited or no
experience of DNA technology.
The complainants, Michael Marper, 45, and a 19-year-old man from Sheffield
referred to only as S, are relying on article 8 (right to private life) and
article 14 (prohibition of discrimination) of the convention.
The teenager had his DNA taken when he was arrested in 2001 and charged with
attempted robbery. He was acquitted. Mr Marper, 45, was charged with
harassing his partner but the case was later dropped. They argue “that as
people without convictions who are no longer suspected criminals, they
should be treated in the same way as the rest of the unconvicted population
of the UK”.
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The government want 42-day detention "in case it's useful".
Police want everyone's DNA for the same reason.
CCTV on every street ..
Manchester congestion zone will use chips in your cars (and on clothes for cyclists ?)
Have no doubts, this IS the makings of a POLICE STATE
Clive, Surrey,
Today in The Times, we read of young people being routinely being charged rather than cautioned.
Also, previously heard of councils causing people to have "criminal" records for filling their bins too full.
Any link to the fact this gives the police the excuse to take AND KEEP their DNA ?
Clive, Surrey,
Sadly the CPS has pursued cases on the basis of DNA evidence alone despite claims that this does not happen.
When DNA has been wrong as it is in small % of cases this causes untold damage to innocent peoples lives.
If the checks and balances aren't properly enforced then why should we trust it?
Dave, Gibraltar,
If you are innocent, having your DNA on a database somewhere will not affect you in any way and if in the long run it means that murderers, rapists and child molesters are brought to justice it is worth it. If you child was raped or murdered i suspect those complaining would change their tune
kerry, bournemouth, dorset
THe 16 year old son of a friend was arrested over a vandalism incident at a school.
DNA was taken without parents consent. He was not charged & the parents paid for the school damage.
The DNA will never be removed, neither will the criminal number. This will prevent travel or work in the U.S,
Ross, Bristol, , England
The current law is unfair to the wrongly accused. If Tony Lake wants a national DNA database then he should say so and it can be debated.
Alison, Edinburgh, UK
Retiring next week? Good riddance.
paul, Glasgow,
Under the tories sex crime rates remained steady. Under Labour and their Big Brother approach including the DNA DB sex crimes have more than doubled.
Violent crime has quadrupled.
Robbery doubled.
This to me says the DNA DB has failed and therefore not needed.
Phill, The Wirral, England
Guy Herbert, London, you said, "Well the principle is precisely that "unconvicted former suspects" *are* innocent people." Thank you for that clarification. It is what I was thinking, but I didn't word my comment very clearly.
Simon, Brentwood, UK
The DNA database has many records from innocent people, even children and toddlers. This government is determined to push ahead with their surveillance society and if the European Court manage to stop this, then at last something good would come out of Brussels.
Ros, Surrey,
It appears from the comments that a good many criminals now read.
alan, warks, uk
Whats the new law, 'innocent until the police decide you're guilty' ?
Arthur, Newcastle,
Well the principle is precisely that "unconvicted former suspects" *are* innocent people. In a free country we prosecute crimes, not presumptions about personal character. It is a police-state notion that every suspect is a criminal who just hasn't been caught yet.
Guy Herbert, London, Engalnd
DNA should not be stored unless a person is convicted of a serious offence. DNA samples should be destroyed promptly. Helen of Australia
HELEN, SYDNEY, AUSTRALIA
Please note. The Home Office has admitted to The Sunday Times that in more than 50,000 instances since 2001, DNA samples from crime scenes have resulted in multiple matches on the national database.
Charles Bockett-Pugh, Sandhurst,
If the police were to contain their avaricious desire for our personal details it might give them time to concentrate on burglary and the many other often ignored daily crimes.
Simon Marshland, Bath, UK
This is a good decision. It is to Europe we must increasingly look to safeguard the rights of the individual in this country. We are already vastly over monitored and over regulated.
Paul Padley, Shrivenham, England
Mr Lake is scaremongering - a favourite tactic employed to justify the erosion of freedoms. The risks of failing to detect a tiny percentage of crimes are certainly outweighed by the risks to society as a whole posed by a universal DNA database.
Edwin, Bucharest,
The DNA database is just more Orwellian control.
Sure it can assist in crimes but there are propsals to record everyones DNA.
Just hink what the insurance industry would give to have access , and indeed Iceland has already sold its populations DNA to industry.
but it wouldn't happen here?
Wullie, Luss, Scotland
The statistics say it all if only 2% of the DNA database actually end up with a conviction in court on a subsequent new offence. The EU courts stance is spot on to curtail the excess's of fascists regimes like Nulab and they have obviously learnt from Germany's history even if Blair/Brown didn't.
Mike, Alicante, Spain
The key issue here IS presumption of innocence, which has been abandoned re rape and domestic violence cases. The status quo is defensible given that many unconvicted actually will be guilty and may reoffend: isn't there a case then that EVERYONE should be on the database? They sure won't scrap it.
Steve Moxon, Sheffield,
If someone is arrested they are innocent until proven guilty. If they are not convicted of a crime then their DNA should not be retained on a database. The presumption of innocence should override the usefulness of keeping DNA records because they may possibly help solve a different or old crime.
Donna Walker, Effingham, England
Few people seem to realise just how intrusive the state is into ordinary citizens' lives in the UK - highlighted only this week by the story of councils having unfettered access to innocent people's communications. Britain is not becoming a police state - it IS one already.
B Redfern, Krkso, Slovenia
As a recently retired police officer I strongly disagree with Mr Lake. When a person is arrested for an offence but not convicted, they are presumed innocent in law and their situation should, so far as possible, be restored to that of a person who was never suspected in the first place,
S Foster, Doncaster, UK
I have something of a love-hate relationship with the EU and the idea of europe.
If they strike this threat to our freedom down I will always be grateful
peter, york, uk
This is the sort of issue that tests our belief in the presumption of innocence. We seem to be slipping away from that established principle in practice. It can't be okay for unconvicted former suspects' DNA to be on the database unless it's okay for innocent people's, too.
Simon, Brentwood, UK