Crime and Security Act 2010

Following the recent "wash-up" of legislation before the dissolution of Parliament, the controversial Crime and Security Bill received Royal Assent. The Act includes provisions to establish new time limits for the retention of DNA profiles and fingerprints.

The Government has finally acted to implement the decision of the European Court of Human Rights in S and Marper v. United Kingdom, in which the Court held that the blanket retention of DNA profiles and fingerprints was "unnecessary in a democratic society".

The new law under Section 14 of the Crime and Security Act 2010 will allow for the retention of DNA and fingerprints between three and six years; depending on the seriousness of the offence and the age of the person charged.

This is, of course, a step in the right direction. But although the Act was declared compatible with the European Convention on Human Rights, it may still breach fundamental rights to privacy and family life conferred by Article 8 of the European Convention.

The question remains – is the retention "necessary"? I foresee that these new provisions will be tested both in the national courts and also in Europe. The fact remains that, even if a person is found to be innocent by a court of law, they face potential stigmatisation and will no longer be entitled to the presumption of innocence.

Finally, the Act does not appear to be retrospective, and therefore if your DNA and fingerprints were taken prior to April 9th 2010, you may still be able to request their deletion. Otherwise, your data may have been taken over six years ago, in which case you would also be entitled to have them deleted.

If you have either had your fingerprints/DNA taken during the course of a discontinued investigation, or following an acquittal, you can contact Zak Golombeck on 0161 837 6899 who will be able to advise you further on this matter.