Latest News > 10 July 10 - Child DNA retention

 

The Scottish Parliament has approved legislation to enable police to retain the DNA of certain child offenders.


Under the Criminal Justice and Licensing (Scotland) Bill, which was approved on 30 June, children who are deemed to have committed a "relevant offence" will now have their DNA and fingerprints retained for three years, with a possible two-year extension.


It covers those who are dealt with through the children's hearings system after committing sexual or violent offences.


Scotland's new powers over children's DNA are in line with those that currently exist for DNA data obtained from an adult suspect who is prosecuted in the criminal courts for a sexual or violent offence but not convicted.


"The bill provides for the retention of data from certain child offenders, recognising the risk that such children may pose. Provisions in the bill ensure that such forensic data will not be retained inappropriately," a Scottish government spokesperson told GC News.


Scotland's protocol for holding DNA for a maximum of five years for those arrested but not convicted of serious offences remains unchanged under the new bill. But the extension of police powers means that the retention rules now also apply to fingerprint data, and the DNA and fingerprints of those accepting fixed penalty notices and fiscal disposals can be retained.


"The forensic data provisions of the bill are proportionate and fair, striking a balance between the needs of the justice system, protection of the public and the rights of the individual," added the spokesperson.


The government hopes the new rules will also provide "clarity about the purposes for which forensic data can be used".


Earlier this year, the Scottish National Party expressed its concern over the bill's proposals and argued that they were not compliant with the European Court of Human Rights. The court ruled in December 2008 that the current regime in England and Wales, under which DNA profiles are taken from everyone arrested and are retained permanently, is illegal.


 

 

 

 

 

 

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