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Ruling due on DNA database case Judges rule in favour of DNA case
(about 8 hours later)
A judgement is due in a case which could have major implications on how DNA records are stored in the UK's national database. The European Court of Human Rights has found in favour of two British men who argued it was illegal for police to hold their DNA and fingerprints.
The case was taken to the European Court of Human Rights by two British men from Sheffield who want their DNA profiles removed. Neither of the men had been convicted of any offence.
Their information was retained although they were not convicted of the crimes for which they were arrested. The judgement could have major implications on how DNA records are stored in the UK's national database.
The database may have to be scaled back if this is ruled to be unlawful. The men's information was retained by South Yorkshire Police, although they were not convicted of the crimes for which they were arrested.
The database may now have to be scaled back following the judgement by 17 senior judges from across Europe.
Under present laws, the DNA profiles of everyone arrested for a recordable offence in England, Wales and Northern Ireland are kept on the database, regardless of whether they are charged or convicted.Under present laws, the DNA profiles of everyone arrested for a recordable offence in England, Wales and Northern Ireland are kept on the database, regardless of whether they are charged or convicted.
DiscriminatoryDiscriminatory
The details of about 4.5m people are held and one in five of them does not have a current criminal record.The details of about 4.5m people are held and one in five of them does not have a current criminal record.
One of the men seeking the ruling in Strasbourg, Michael Marper, 45, was arrested in 2001. One of the men who sought the ruling in Strasbourg, Michael Marper, 45, was arrested in 2001. FROM THE TODAY PROGRAMME class="" href="http://news.bbc.co.uk/today/hi/default.stm">More from Today programme
He was charged with harassing his partner but the case was later dropped after the couple were reconciled.He was charged with harassing his partner but the case was later dropped after the couple were reconciled.
The other man - a teenager identified as "S" - was arrested and charged with attempted robbery but was later acquitted.The other man - a teenager identified as "S" - was arrested and charged with attempted robbery but was later acquitted.
In both cases the police refused to destroy fingerprints and DNA samples taken when the men were taken in to custody.In both cases the police refused to destroy fingerprints and DNA samples taken when the men were taken in to custody.
The men went to the European Court of Human Rights after their cases were thrown out by the House of Lords.The men went to the European Court of Human Rights after their cases were thrown out by the House of Lords.
They argue that retaining their DNA profiles is discriminatory and breaches their right to a private life. They argued that retaining their DNA profiles is discriminatory and breaches their right to a private life.
The government claims the DNA profile from people who are not convicted may sometimes be linked to later offences, so storing the details on the database is a proportionate response to tackling crime.The government claims the DNA profile from people who are not convicted may sometimes be linked to later offences, so storing the details on the database is a proportionate response to tackling crime.