The claimants had each had biometric samples taken during police investigations, and now sought judicial review of the decision of the respondent not to remove those details from the Police National Computer, saying that in accordance with the decision of the ECHR it was a disproportionate interference with their human rights to keep the data.
Held: The request for review was refused. The House of Lords’ decision in S was declared unlawful by the ECHR, but it remained binding. The suggestion that the doctrine might apply differently on issues of proportionality would not allow the court to disapply S. Parliament had considered a change, but not enacted any yet.
The 1984 Act now gave a power to the police to retain DNA and other data and samples, but gave no guidance as to the use of that power. The ACPO guidance said that destruction should be exceptional only. It had been reconsidered after the ECHR decision but not yet changed. However, the court granted a certificate pursuant to section 12 of the 1969 Act for a leapfrog appeal to the Supreme Court.
Judges:
Moses LJ, Wyn Williams J
Citations:
[2010] WLR (D) 193, [2010] EWHC 2225 (Admin), [2010] ACD 91, [2010] HRLR 34, [2010] ALL ER D 174
Links:
Statutes:
European Convention on Human Rights 3, Police and Criminal Evidence Act 1984 64, Criminal Justice and Police Act 2001 82, Administration of Justice Act 1969 12
Jurisdiction:
England and Wales
Citing:
Cited – S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited by:
Appeal from – GC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
Lists of cited by and citing cases may be incomplete.
Police, Human Rights, Constitutional
Updated: 06 February 2022; Ref: scu.420983