§ Mr. BestTo ask the Secretary of State for the Home Department how many DNA samples taken by the police have been destroyed in each of the last five years; and under whose authority in each case. [167728]
§ Ms BlearsDNA samples are destroyed and the record of the profile derived from them is removed from the National DNA Database under the authorisation of the police force which submitted the DNA sample for analysis.
Prior to May 2001, DNA samples obtained from persons who were charged or prosecuted and who were subsequently acquitted or against whom charges were dropped had to be destroyed. An amendment to the Police and Criminal Evidence Act 1984 by the Criminal Justice and Police Act 2001 removed this requirement in respect of England and Wales but not Scotland. Samples may therefore have been destroyed and the profiles removed from the Database for one or more of the following reasons:
they are duplicate records from the same individual,
the individual has been acquitted or charges not proceeded with,
the samples were taken error, or
the death of the individual.
The police also instruct the laboratory which carried out the DNA analysis to destroy all of the residual retained sample. Records of samples destroyed are not held centrally.
The number of subject profile records removed from the National DNA Database over the past five years was as follows:
Number of records removed 2003–04 22,976 2002–03 21,229 2001–02 25,830 2000–01 77,336 1999–2000 59,957
§ Harry CohenTo ask the Secretary of State for the Home Department if he will take steps to ensure that the collecting of DNA and fingerprint data from individuals arrested but not charged with an offence does not lead to(a) a disproportionately high number of samples of black and ethnic minority citizens and (b) a disproportionately low sample of other races being kept. [167256]
§ Ms BlearsWith effect from 5 April 2004 the police have the power under the Police and Criminal Evidence Act 1984, as amended, to take and retain the fingerprints and a non-intimate sample from all persons arrested for a recordable offence and detained in a police station.
The police are given guidance in Codes of Practice as to how to exercise their powers and if they act unlawfully there are existing remedies available to anyone who feels he or she has not been treated fairly or in accordance with the law. Revised Codes of Practice giving guidance on these new powers come into force on 1 May and in the meantime the police have been given advice on these powers in the Home Office Circular 20/2004.
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§ Harry CohenTo ask the Secretary of State for the Home Department what statistics and categories of information will be kept in respect of DNA and fingerprint data on individuals who are not charged with an offence at the time the record is taken or subsequently in connection with the reason the police decided to take the sample; whether the information will be kept in a form which enables statistics on the race or ethnic origin of individuals' samples kept to be accounted for; and if he will make a statement. [166942]
§ Ms BlearsUnder the Police and Criminal Evidence Act 1984, as amended, the police have the power to take fingerprints and non-intimate DNA samples, with or without consent, from all persons arrested for a recordable offence and detained in a police station.
Limited demographic information relating to the person arrested will be kept on the National Automated Fingerprint Identification Service and National DNA Databases and fuller information, analogous to the information relating to charged persons, will be kept on the Police National Computer. This will include the name, date of birth, sex, colour (white/non-white/unknown), and ethnic appearance (white European, dark European, Afro-Caribbean, Asian, Oriental, Arab and unknown). The type of offence (or offences) for which the person was arrested will also be recorded and the circumstances which led to the arrest will be kept locally.