Question to the Home Office:

To ask Her Majesty’s Government what they consider to be the evidential consequences of the ruling of the European Court of Human Rights that DNA samples can only be retained for up to a maximum of two years under certain circumstances; and whether DNA profiles provide a sufficient basis to initiate a prosecution in the absence of an actual sample.

Under the new regime relating to DNA samples introduced by the Protection of Freedoms Act 2012, DNA samples must normally be destroyed once a DNA profile has been derived from them, or six months after they have been taken, whichever period is shorter. Profiles are compared with existing subject and crime scene profiles held on the DNA database. If there is a match between profiles, this could form part of the prosecution evidence in a case; however, an individual cannot be convicted on the basis of DNA evidence alone. Therefore the destruction of samples will not normally affect the initiation of a prosecution. If a person is charged with an offence and disputes that a profile used in evidence was derived from a sample taken from them, and the sample has been destroyed, the police have the power to take another sample.

In the exceptional circumstance that a sample is required for disclosure as evidence under the Criminal Procedure and Investigations Act 1996, it is not required to be destroyed until after any proceedings have been completed.

The Government will consider carefully any court rulings which may have an implication for the policy outlined above.