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24/09/2013
Former Prisoner Challenges Police Collection Of DNA Samples
A police force is awaiting a judge's ruling over whether their collection of DNA samples from thousands of former prisoners is lawful, or should be destroyed.
It is understood that the force, which cannot be named for legal reasons, was collecting DNA samples from former prisoners, convicted of serious crimes as part of Operation Nutmeg.
The operation was a push across England and Wales to collect DNA from people jailed prior to 1994 for serious crimes.
After 1994, the collection of genetic materials from convicted criminals were routinely collected.
One prisoner, known only as R, brought the case against the force saying that the collection operation infringed his human rights.
It is understood that an officer called at R's house presenting a pro forma letter asking for the DNA sample. The letter went on to state that if R refused to give a sample he would be required to attend a police station within seven days and that if he then failed to do so, risked arrest.
R claims that due to the threat of arrest contained in the letter, it breached national guidelines and that Operation Nutmeg breached section 8 of the Human Rights Act - the right to respect for private life.
If the judges considering the case rule in favour of R, all DNA samples collected under Operation Nutmeg may have to be destroyed, which could also see criminal cases brought on that DNA evidence collapse.
(MH/JP)
It is understood that the force, which cannot be named for legal reasons, was collecting DNA samples from former prisoners, convicted of serious crimes as part of Operation Nutmeg.
The operation was a push across England and Wales to collect DNA from people jailed prior to 1994 for serious crimes.
After 1994, the collection of genetic materials from convicted criminals were routinely collected.
One prisoner, known only as R, brought the case against the force saying that the collection operation infringed his human rights.
It is understood that an officer called at R's house presenting a pro forma letter asking for the DNA sample. The letter went on to state that if R refused to give a sample he would be required to attend a police station within seven days and that if he then failed to do so, risked arrest.
R claims that due to the threat of arrest contained in the letter, it breached national guidelines and that Operation Nutmeg breached section 8 of the Human Rights Act - the right to respect for private life.
If the judges considering the case rule in favour of R, all DNA samples collected under Operation Nutmeg may have to be destroyed, which could also see criminal cases brought on that DNA evidence collapse.
(MH/JP)
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