One thought on “Rule of Law…of the day…

  1. One of the problems here is linking the legal authority to take DNA to “recordable” offences. If this were limited to offences for which the maximum punishment exceeded (say) 2 years then people would have greater confidence that a proper balance was being struck between the obvious and proper use of DNA samples to detect crime and the civil rights issue of treating everyone who is arrested for some minor matter as a potential future rapist or murderer.

    Another problem which struck the European Court of Human Rights in the Marper case was the significant difference between the law in England and Wales and that of Scotland. Not for the first time we find that the Scots position is more favourable to the citizen.

    Many more problems exist including (a) the fact that Chief Constables may order removal of samples but on what basis do they exercise that discretion and (b) the absence of any independent oversight of the National DNA Database and (c) the absence of any judicial forum to which persons aggrieved can take a case.

    It’s just not good enough in a so-called democracy.

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