14th November 2009
DNA Database - Government listens with One Deaf Ear
By Mark Hanson
The Home Office has now made its response to the public consultation over the DNA database.
The headlines carried stories over the past week on two of the main proposals that the Government is now pursuing, notably the decision to retain DNA profiles of innocent people for 6 years, and those suspected of terrorism-related crimes to possibly remain on the database for life.
The revised proposals by the Home Office have included a move in the right direction. The maximum retention for those arrested for all offences except terrorism-related crimes has been reduced from 12 years, yet those who have come under suspicion, however tenuous, of minor crimes have their “sentence” of six years unchanged.
The Home Office has listened with half an ear to the public consultation. Despite the admission that a large proportion of respondents were concerned over the ignoring of the British legal principle of “innocent until proven guilty”, the government has continued to assert that this principle no longer applies.
Respondents also, in high numbers, accepted that serious sexual or violent crimes may necessitate a longer period of retention of “innocent” profiles, due both to the seriousness of the crime and the need for longer investigation. Having found that their proposal of 12 years was unfounded, it has, rightly, been reduced,albeit only to 6 years. Yet the government has ignored the recommendations that for less serious crimes the maximum retention period should be reduced. It remains at 6 years. The result of this is that if you are arrested for any crime, however minor, and no charges are brought because there is no evidence to back up the arrest, you will then be under suspicion for every crime committed over the next 6 years.
To put it very simply, legally and constitutionally, the proposals are ridiculous.
The government has moved in the right direction, yet has topped far short of making the right decision.
