References: [2007] EHCR 110, 30562/04
Links: Bailii
Coram: J. Casadevall, P
Decision as to admissibility – the applicants complained of the retention by police of DNA and fingerprint samples and records.
Held: Admissible.
This case cites:
- At Court of Appeal – Regina (on the application of S) -v- Chief Constable of South Yorkshire Police, Regina (Marper) -v- Same CA (Times 03-Oct-02, Gazette 17-Oct-02, Bailii, [2002] EWCA Civ 1275, [2003] 1 All ER 148, [2002] All ER (D) 62, [2002] NLJR 1483, [2002] 1 WLR 3223, [2002] 40 LS Gaz R 32, [2003] Crim LR 39)
The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals.
Held: The refusal . . - At First Instance – Regina (S) -v- Chief Constable of South Yorkshire; Regina (Marper) -v- Same Admn (Times 04-Apr-02, Bailii, [2002] EWHC 478 (Admin), [2002] 1 WLR 3223)
The police authority took samples of DNA and fingerprints from the claimants whilst under arrest. After their cases had been dismissed or failed, they requested destruction of the samples and records.
Held: There was no engagement of the . . - At House of Lords – S, Regina (on Application of) -v- South Yorkshire Police; Regina -v- Chief Constable of Yorkshire Police ex parte Marper HL (House of Lords, [2004] UKHL 39, Bailii, Times 23-Jul-04, [2004] 1 WLR 2196, [2004] 4 All ER 193, [2004] UKHRR 967)
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 . .
This case is cited by:
- See Also – Marper -v United Kingdom; S -v- United Kingdom ECHR (Bailii, [2008] ECHR 178, 30562/04)
Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in . . - See Also – Marper -v- United Kingdom; S -v- United Kingdom ECHR (30562/04, Bailii, [2008] ECHR 1581, Times, (2008) 158 NLJ 1755, (2009) 48 EHRR 50, 25 BHRC 557, [2009] Crim LR 355)
(Grand Chamber hearing) The applicants complained that on being arrested on suspicion, samples of their DNA had been taken, but despite being released without charge, the samples had retained on the Police database.
Held: (Unanimous) The . .
Last Update: 30-Sep-15 Ref: 278517
