Give Me Back My DNA

The Welsh Liberal Democrats have called on the four Welsh Chief Constables to remove the DNA profiles of innocent Welsh people that have been loaded on to the DNA database, if a request for removal is made.

Since 2001, the DNA profiles of anyone arrested, cautioned or warned has been stored, regardless of whether they are convicted. It is estimated that around 1 in every 5 of the 268,000 profiles on the database belong to innocent people.

Chief Constables have the power to remove DNA profiles upon request. In December 2008, the European Court of Human Rights ruled in a landmark case that storing the DNA of innocent people is a blatant breach of their human rights.

The Welsh Lib Dems are urging innocent people in Wales to write to their Chief Constable to request that their DNA be removed and have set up a dedicated webpage with guidance and a downloadable template letter.

Commenting, Jenny Willott, Welsh Liberal Democrat MP for Cardiff Central who has led on this issue in Parliament, said:

"It is appalling that the Government is still allowing innocent people to be put on the DNA database when they know it is a blatant breach of their human rights.

"Storing the DNA of people who have never been convicted of a crime, for the rest of their life, is a violation of a founding pillar of our justice system - innocent until proven guilty.

"The Government is moving at a snail's pace. Over 300,000 innocent people's DNA has been added to the database since the practice was ruled illegal, including 6,000 people in South Wales.

"Those affected in South Wales should use the template letter and advice on my website to write to the Chief Constable to ask for their DNA to be removed.

"Welsh Chief Constables have the power to remove innocent people from the database and to start to restore the faith in our criminal justice system that Labour has eroded. It is now up to them."

Write to your Chief Constable

If you are one of the innocent people whose details are retained in the National DNA Database and would like to request for them to be removed, you can download the letter template below and write to your Chief Constable.

Remove my DNA letter template

Background

The National DNA Database was set up in 1995 authorising the police to retain the DNA samples and profiles of anyone convicted of a crime.

However, under the Criminal Justice and Police Act 2001, the Labour government changed the law to allow the police to retain indefinitely the samples and profiles of anyone charged with an offence, regardless of whether or not they were found guilty.

In 2003, the government further extended police powers to retain DNA of anyone cautioned or arrested for an offence, regardless of whether they were charged.

The latest figures show that the DNA of almost 5 million people is on the DNA database. The Home Office estimates that 1 in every 5 DNA profiles belongs to someone who does not have a criminal record; a total of nearly 1 million innocent people.

'Exceptional Case Removal Procedure'

Chief Constables have the power to authorise the removal of an individual's DNA profile and the destruction of their DNA sample under the 'Exception Case Removal Procedure'.

The Association of Chief Police Officers (ACPO) has published guidelines to help Chief Constables to determine whether someone has a legitimate case for removal. These include the following grounds:

However, these 'exceptional cases' do not include cases where the subject is simply innocent.

Jenny's Campaign

Since 2007, Jenny has fought hard to remove all innocent people from the DNA Database, because keeping innocent people's details on the database:

On 11 June 2008, Jenny laid a Bill before Parliament calling for the Government to remove all innocent people's details from the DNA database.

Read and watch Jenny's speech.

In July 2008, through a Freedom of Information request, Jenny discovered that the Home Office has secretly granted 25 research projects access to the DNA database. Among them 5 were from private companies for projects that will benefit their commercial interest.

Read more about this.

On 4 December 2008, the European Court of Human Rights ruled that the policy of indefinitely retaining DNA samples and profiles of innocent people is an abuse of human rights.

Read about the ruling

The Home Office's response has been inadequate. On 7th May 2009, the Home Office published a White Paper in response to the ECHR ruling and launched a consultation on proposals to reform the database. The Government's key proposals are: • To store the DNA profiles of those arrested but not convicted of a crime for 6 years, • To store the DNA profiles for those arrested but not convicted for violent or sexual offences for 12 years, • The indefinite retention of the DNA profiles of those arrested and convicted.

Read Home Office's consultation on the DNA database

The Government has not yet produced a report following the consultation. Over 50,000 DNA profiles from innocent people have been added to the database since the ECHR ruling.

Jenny continues to call for the Government to:

Beth hoffech chi ei wneud nesaf?