Written question asked by Roger Williams (Liberal Democrat) on Monday, 15 March 2004, in the House of Commons. It was due for an answer on Tuesday, 23 March 2004. It was answered by Hazel Blears (Labour) on Tuesday, 23 March 2004 on behalf of the Home Office.

Home Office

Question: To ask the Secretary of State for the Home Department, how many people were required to provide DNA samples as a result of (a) enquiries and (b) convictions in connection with section 2 of the Dogs Act 1871 in (i) Wales and (ii) England in (A) 2001, (B) 2002 and (C) 2003.

Answer: Mr. Roger Williams: To ask the Secretary of State for the Home Department how many people were required to provide DNA samples as a result of (a) enquiries and (b) convictions in connection with section 2 of the Dogs Act 1871 in (i) Wales and (ii) England in (A) 2001, (B) 2002 and (C) 2003. [162181] Ms Blears: Under section 2 of the Dogs Act 1871 a Magistrates' Court may make an order for a dog to be kept under proper control or for the destruction of the dog. The section does not create an offence. The powers contained in Section 63 of the Police and Criminal Evidence Act 1984 (as amended) enable the police to take a non-intimate DNA sample without consent from a person held in police detention who has been charged with, informed they will be reported for or convicted of an offence and they apply only in respect of recordable offences. Since section 2 of the Dogs Act 1871 does not create an offence, there are no legal powers to take a DNA sample in these circumstances.

Secondary information