Written question asked by Norman Baker (Liberal Democrat) on Wednesday, 19 June 2002, in the House of Commons. It was due for an answer on Monday, 1 July 2002. It was answered by John Denham (Labour) on Monday, 1 July 2002 on behalf of the Home Office.

Home Office

Question: To ask the Secretary of State for the Home Department, whether an individual who has been required to provide a DNA sample by the police has the right to have that sample destroyed in the event of an acquittal for the charge which prompted the sample being taken. - (Holding answer 25 June 2002).

Answer: Norman Baker: To ask the Secretary of State for the Home Department whether an individual who has been required to provide a DNA sample by the police has the right to have that sample destroyed in the event of an acquittal for the charge which prompted the sample being taken. [64242] Mr. Denham: [holding answer 25 June 2002]: An individual does not have the right for their DNA sample to be destroyed in the event of an acquittal. Under section 82 of the Criminal Justice and Police Act 2001, amending section 64 of the Police and Criminal Evidence Act 1984, a chief constable may decide to retain DNA samples in all cases, including following acquittal or a decision to drop a prosecution, except where the sample was taken as part of a mass screening process and the individual does not consent to the retention of the sample. Samples can only be used for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.

Secondary information

Type: Written question
Reference: 388 c187-8W;388 c187W; 64242
Session: 2001-02
Subjects: Databases Genetics Identification of criminals Personal records Police Acquittals
Link: View this Written question on www.publications.parliament.uk