Written question asked by Nick Clegg (Liberal Democrat) on Monday, 19 November 2007, in the House of Commons. It was due for an answer on Wednesday, 21 November 2007. It was answered by Baroness Smith of Malvern (Labour) on Tuesday, 5 February 2008 on behalf of the Home Office.

Databases: Genetics

Question: To ask the Secretary of State for the Home Department how many individuals aged under (a) 10, (b) 16 and (c) 18 years old who have not been convicted of any offence have their DNA profile stored on the National DNA Database.

Answer: In relation to the number of individuals who have not been convicted of any offence on the National DNA Database, I refer the right hon. Member to the reply given to the hon. Member for Hornsey and Wood Green (Lynne Featherstone) on 13 December 2007, Official Report, column 761W. This gives figures for the numbers of those with a profile on the NDNAD who have not been convicted of any offence. However a further breakdown of these figures by age could be obtained only at disproportionate cost.As at 10 August 2007 there were records of 47 individuals under the age of 10 on the National DNA Database, of which 38 were submitted by forces in England and Wales and nine from forces in Scotland. In England and Wales a child under 10 is below the age of criminal responsibility and so cannot be prosecuted and convicted, so by definition those of this age on the DNA Database had not been convicted of any offence. Also, in England and Wales the police have no power to take a DNA sample from an under 10 without the consent of a parent or guardian. In Scotland the age of criminal responsibility is eight, so the nine children whose details had been submitted by Scottish forces may have been convicted of an offence.

Secondary information