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2008-12-04 05:17:57
A judgement is due in a case which could have major implications on how DNA
records are stored in the UK's national database.
The case was taken to the European Court of Human Rights by two British men
from Sheffield who want their DNA profiles removed.
Their information was retained although they were not convicted of the crimes
for which they were arrested.
The database may have to be scaled back if this is ruled to be unlawful.
Under present laws, the DNA profiles of everyone arrested for a recordable
offence in England, Wales and Northern Ireland are kept on the database,
regardless of whether they are charged or convicted.
Discriminatory
The details of about 4.5m people are held and one in five of them does not have
a current criminal record.
One of the men seeking the ruling in Strasbourg, Michael Marper, 45, was
arrested in 2001.
He was charged with harassing his partner but the case was later dropped after
the couple were reconciled.
The other man - a teenager identified as "S" - was arrested and charged with
attempted robbery but was later acquitted.
In both cases the police refused to destroy fingerprints and DNA samples taken
when the men were taken in to custody.
The men went to the European Court of Human Rights after their cases were
thrown out by the House of Lords.
They argue that retaining their DNA profiles is discriminatory and breaches
their right to a private life.
The government claims the DNA profile from people who are not convicted may
sometimes be linked to later offences, so storing the details on the database
is a proportionate response to tackling crime.