Archive for 07/05/2009

One Big Database

I refer, of course, to the National DNA database about which there is so much controversy this morning. The taking of fingerprints and DNA applies nowadays to everyone who is arrested on suspicion of an offence , irrespective of whether or not they are subsequently charged. Thus many will have their biological samples kept even if they are subsequently released without charge or merely “cautioned”, which is tantamount to admitting that you could have been guilty and were a silly boy/girl, and receiving a warning that if you are silly in a similar way again you will probably be charged. Cautions are usually given, at the discretion of the police, when the arresting offence is relatively minor and/or when there is little chance of the CPS agreeing to a prosecution.

Your fingerprints and sample will, under the present system be kept indefinitely. Yesterday, in response to a European Court ruling on a European Court of Human Rights declaration that such records should be deleted, the Home Office said it would compromise and keep for 12 years the records of those arrested in connection with serious sexual or violent offences whilst those arrested for, but I repeat once again not charged, with other offences would have their records, and, one assumes, samples deleted and destroyed after 6 years.

Now this is justified by saying that “many” who are so arrested but not charged do go on subsequently to commit other offences for which they are eventually charged, whether or not they are afterwards convicted. Since no percentage or probability is cited it is of course hard to refute this but surely it would be equally true to say:

  1. That there is equal evidence that a high proportion of those whose records and samples are kept  are not subsequently arrested for other offences.
  2. That there are many rogues who are not arrested for offences for which, subsequently, they are retropectively charged as a result of  committing other offences

It would be interesting, would it not, to have some statistics on which comment could be based. I have not heard the Office for National Statistics, or the Home Office RDS comment yet.

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