Tony Lake: Commentary
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This judgment will come as a disappointment to the police service. But it does at least provide some clarity on an issue that has been outstanding for some time. What is required now is some exhaustive and thorough research on offending (and reoffending) profiles of those whose DNA and fingerprints were taken in the past.
The relevance of biodata in the prevention and detection of crime is well proven and if the current arrangements must change, then a new case for the retention of data will need to be made in an informed and evidence-based forum.
Many of those involved in law enforcement will see this as a defining moment in the application and use of forensic science.
The judgment will not automatically mean that the size of the database will reduce by the numbers suggested, as some of those to whom this judgment applies will have been the subject of further successful prosecution.
This is an important ruling but not one that should prompt any kneejerk reaction.
It is highly unlikely that the current arrangements will change quickly without alternative legislation being readied.
The use of DNA and fingerprints has solved some of the most serious crimes and the legislation that follows in the light of the judgment must be considered and well argued. It should reflect the risk of ignoring previous offending tendencies.
Whatever the alternative arrangement it must be reasonable, proportionate, and have the confidence of the public.
- Tony Lake is a former chairman of the National DNA Database and Forensic Portfolio Holder for the Association of Chief Police Officers
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