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NEWS
23 Sep 2008

Consultation opens on police retention of DNA

A consultation on police powers to retain DNA and fingerprint evidence was published today, including proposals to allow police to retain, at least for a limited period, forensic evidence taken from a suspect who is subsequently dealt with by a fiscal fine, compensation order or work order, rather than prosecuted through the courts.

The consultation also floats proposals to extend existing provisions allowing the temporary retention of DNA data from individuals charged with but not subsequently convicted of violent or sexual offences to include fingerprint data.

The consultation asks whether retention in such cases should be permanent, as proposed, or for a limited period, or if all such samples should continue to be destroyed once a decision to refer to the Hearing is made.

"In helping police to maximise the benefits of technological advances in this area and to protect the public we must also protect the rights of innocent citizens from disproportionate intrusion from the state," said Justice Minister Kenny MacAskill.

"That's why the Scottish Government has been consistently clear that we do not support the permanent holding of forensic data taken from individuals who have committed no offence. While remaining committed to that principle, we believe now is time for a wider public debate.

"As part of that debate, I believe we should consider whether police should be allowed to retain forensic evidence in a relatively small number of cases where a young person within the Hearings system admits or is found to have committed a violent or sexual offence which may indicate a further future risk to themselves or others.


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