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POLICE REFUSING TO DESTROY THE DNA OF THE INNOCENT
By James Slack From the Mail on January 21
POLICE have been given secret advice on how to keep the DNA of tens of thousands of law-abiding citizens on the national database.
Labour came under fire earlier this year when it was revealed that law changes had led to the genetic blueprints of 140,000 innocent people being stored – including those of 24,000 children.
The Home Office, faced with accusations it was building a 'national DNA database by stealth', insisted police forces had the power to destroy the samples.
But chief constables have now been issued with new guidance.
It advises them to reject all requests for DNA to be destroyed other than in 'exceptional cases'.
Even when it is 'established beyond doubt that no offence existed', the advice says it only 'might' be grounds for the sample to be deleted from the database.
The rare example of DNA details being taken after a suspected murder, where it later emerges the death was from natural causes, is suggested.
But the guidance, which was issued by the Association of Chief Police Officers, concludes: 'Exceptional cases will, by definition, be rare.'
It even includes pre-prepared letters to be sent to those who request the destruction of their DNA, telling them their request has been turned down.
Police forces have also been told not to undertake any 'proactive exercise' to determine - before a request is made -whether stored DNA samples ought to be destroyed.
A 'library of circumstances that have been viewed as exceptional' will be set up by ACPO to provide chief constables with precedents for decisions.
All forces have been told to prepare for a flood of applications for DNA to be destroyed over the next 12 months.
The advice was attacked by Tory home affairs spokesman Damian Green. He said: 'If the government wants a database which has the details of everyone, not just criminals, they should be honest about it.
'More than 100,000 law-abiding citizens have been added to the database since last year, even though they have not been charged with a crime.'
The controversy stems from 1999, when Tony Blair ordered a huge expansion in the number of DNA samples taken by police.
Previously, officers could take the DNA only of those charged with a crime. It had to be destroyed immediately if the prosecution was dropped or the suspect was cleared in court.
Under the instruction of the Prime Minister, this rule was swept away so officers no longer had to erase any data.
In 2004 the power to take DNA was extended to cover anybody arrested - regardless of whether they were charged or not. Police are also allowed to take DNA from a child without the permission of a parent or guardian.
On January 1 this year, the net was cast even wider when every crime was made arrestable.
That means dropping litter, driving in a bus lane or not wearing a seatbelt could all get you on the database.
The changes have led to Britain having the largest DNA database in the world, containing the records of more than three million people. A total of 140,000 have never been charged.
The Government admits that, by 2008, police will have the genetic data of 4.25million individuals - one in every 14.
The Home Office has defended the retention of DNA by pointing out it has allowed the police to match 541 samples from teenagers to crime scenes from unsolved offences.
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