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Ex-prisoner fails to halt police DNA-collection programme Ex-prisoner fails to halt police DNA-collection programme
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A former prisoner has failed in a legal challenge that could have forced police to destroy thousands of DNA samples collected from those convicted of serious crimes before 1994.A former prisoner has failed in a legal challenge that could have forced police to destroy thousands of DNA samples collected from those convicted of serious crimes before 1994.
The high court has rejected the application by an ex-prisoner, known only as R, that he should not have to give a sample to officers working for Operation Nutmeg, which targets those convicted of serious offences before the collection of DNA records became routine. It is aimed, primarily, at clearing up unsolved historic crimes. The high court rejected the application by the man, known only as R, that he should not have to give a sample to officers working for Operation Nutmeg, which targets those convicted of serious offences before the collection of DNA records became routine. That operation is aimed, primarily, at clearing up unsolved historic crimes.
In their judgment, Lord Justice Pitchford and Mr Justice Hickinbottom, sitting in London, said the process was lawful and proportionate. Neither the police force nor the ex-prisoner involved in the case are named in the judgment. In their judgment, Lord Justice Pitchford and Mr Justice Hickinbottom, sitting in London, said the process was lawful and proportionate. The police force involved in the case was not named.
R, convicted of manslaughter in 1984, claimed he had been unlawfully required to attend a police station to give a "non-intimate" DNA sample in March and April this year.R, convicted of manslaughter in 1984, claimed he had been unlawfully required to attend a police station to give a "non-intimate" DNA sample in March and April this year.
He alleged it breached his right to a private life as established by article 8 of the European convention on Human Rights; he had since given up drinking, turned his life around and become law-abiding. He alleged it breached his right to a private life as established by article 8 of the European convention on human rights; he had since given up drinking, turned his life around and become law-abiding.
The judges said the way the request was first made in March was unlawful but on the second occasion the request was legitimate. "[The police inspector] was fully justified in concluding that the public interest in the detection of crime outweighed the limited interference with the claimant's private life," Lord Justice Pitchford said. The judges said the way the request was first made in March was unlawful but on the second occasion the request was legitimate. "[The police inspector] was fully justified in concluding that the public interest in the detection of crime outweighed the limited interference with the claimant's private life," Pitchford said.
Peter Neyroud, the former head of the National Policing Improvement Agency, told BBC Radio before the decision: "Collecting this DNA is worthwhile. It helps solve serious, historic cases. Of the 6,000 samples taken so far there are around 100 matches. I'm sure the police will get something worthwhile in around 50 of these cases. We are talking about pretty serious crimes here."Peter Neyroud, the former head of the National Policing Improvement Agency, told BBC Radio before the decision: "Collecting this DNA is worthwhile. It helps solve serious, historic cases. Of the 6,000 samples taken so far there are around 100 matches. I'm sure the police will get something worthwhile in around 50 of these cases. We are talking about pretty serious crimes here."
Earlier in the year Amanda Cooper, the Association of Chief Police Officers' lead officer on the DNA database, said: "Police forces across the country are working to ensure that individuals convicted of the most serious offences have their DNA samples loaded and cross-checked on the national DNA database. This year Amanda Cooper, the Association of Chief Police Officers' lead officer on the DNA database, said: "Police forces across the country are working to ensure that individuals convicted of the most serious offences have their DNA samples loaded and cross-checked on the national DNA database.
"A 12-month programme of work, Operation Nutmeg, commenced in September [2012] to ensure that the national DNA database comprehensively covers all individuals convicted of serious sex offences or homicide."A 12-month programme of work, Operation Nutmeg, commenced in September [2012] to ensure that the national DNA database comprehensively covers all individuals convicted of serious sex offences or homicide.
"The sampling specifically targets those who have served their time for those serious offences and are back in the community but have not had a DNA sample loaded onto the database since it was created in 1995. "The sampling specifically targets those who have served their time for those serious offences and are back in the community but have not had a DNA sample loaded on to the database since it was created in 1995.
"As part of the guidance issued to forces it was highlighted that individuals convicted of certain sexual offences under section 12 and 13 of the Sexual Offences Act 1956 should not have a DNA sample taken on the grounds of a sole conviction."As part of the guidance issued to forces it was highlighted that individuals convicted of certain sexual offences under section 12 and 13 of the Sexual Offences Act 1956 should not have a DNA sample taken on the grounds of a sole conviction.
Operation Nutmeg guidance issued to forces by Acpo also explains that prior to making a decision to request a DNA sample or not, forces should undertake their own risk assessment on each named subject." "Operation Nutmeg guidance issued to forces by Acpo also explains that prior to making a decision to request a DNA sample or not, forces should undertake their own risk assessment on each named subject."
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