Category: DNA

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) – WLR Daily

Posted May 19th, 2011 in DNA, law reports, police, Supreme Court by tracey

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) [2011] UKSC 21;  [2011] WLR (D)  162

“The statutory discretion for the police to retain biometric data obtained from criminal suspects who were subsequently not proceeded against or were acquitted could be exercised in a rational and proportionate manner which respected and fulfilled the statutory purpose but did not involve the indefinite retention of data taken from all suspects, regardless of their age and the nature of the alleged offence, in breach of their right to privacy.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

DNA retention judgment won’t see discriminatory policy destroyed – The Guardian

Posted May 19th, 2011 in bills, DNA, news, Supreme Court by tracey

“Time for the latest instalment in the enduring battle against excessive DNA retention. We have a new supreme court judgment, almost 10 years since the law was changed, on 11 May 2001, to permit the police to hold forever the DNA of everyone arrested, irrespective of their guilt. One of the most pernicious consequences of this policy has been the massive over-representation of black people on the DNA database.”

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The Guardian, 18th May 2011

Source: www.gurdian.co.uk

Guidelines on DNA samples unlawful – The Independent

Posted May 18th, 2011 in DNA, fingerprints, news, police by tracey

“Police guidelines allowing forces to retain the fingerprints and DNA samples of innocent people are unlawful, a panel of leading British judges ruled today. The ruling was made by the Supreme Court in London nearly three years after the European Court of Human Rights reached a similar conclusion.”

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The Independent, 18th May 2011

Source: www.independent.co.uk

Family of Kevin Lavelle loses ‘dumbbell’ legal bid – BBC News

Posted April 18th, 2011 in appeals, damages, DNA, news, professional conduct, unlawful killing by sally

“The family of a man who died in a pub fight after being attacked with an iron dumbbell have lost their latest legal bid to find his killer.”

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BBC News, 18th April 2011

Source: www.bbc.co.uk

Canterbury rapist jailed after cold case DNA probe – BBC News

Posted April 15th, 2011 in DNA, forensic science, news, rape, sentencing by sally

“A Lancashire man has been jailed for life for a rape in Canterbury more than 20 years ago after latest scientific techniques helped to find a DNA match.”

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BBC News, 14th April 2011

Source: www.bbc.co.uk

How Protection of Freedoms Bill will work – BBC News

Posted March 1st, 2011 in bills, closed circuit television, criminal records, detention, DNA, local government, news by sally

“MPs are to debate the government’s Protection of Freedoms bill later, which ministers claim will protect millions of people in England and Wales ‘from unwarranted state intrusion in their private lives’.”

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BBC News, 1st March 2011

Source: www.bbc.co.uk

Relaxing DNA rules could reduce rape convictions, Labour warns – The Guardian

Posted February 28th, 2011 in DNA, news, rape by sally

“The government is running the risk of making it more difficult to convict rapists by relaxing the rules for retaining the DNA of suspects, the shadow home secretary Yvette Cooper has warned.”

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The Guardian, 28th February 2011

Source: www.guardian.co.uk

DNA profiles to be deleted from police database – The Guardian

Posted February 14th, 2011 in DNA, news, police, privacy, stop and search by sally

“Profiles of thousands of innocent people on national database will be removed as new freedoms bill scales back state intrusion.”

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The Guardian, 11th February 2011

Source: www.guardian.co.uk

ID cards go up in flames in first step to tackle ‘database state’ – The Independent

Posted February 10th, 2011 in criminal records, data protection, DNA, identity cards, news by sally

“Identity cards will be consigned to history today as the database recording the biometric details of thousands of people goes up in flames. Hard disk drives from the national identity register, which underpinned the ID card scheme, will be shredded and incinerated in a symbolic demonstration of efforts to rein back the ‘database state’ and restore civil liberties.”

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The Independent, 10th February 2011

Source: www.independent.co.uk

Innocent DNA retention to be challenged – Daily Telegraph

Posted January 31st, 2011 in criminal records, DNA, human rights, news, police by sally

“Police chiefs could be forced to clear the DNA database of innocent people ahead of any change in the law under a legal challenge that begins today.”

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Daily Telegraph, 31st January 2011

Source: www.telegraph.co.uk

Rape victim not allowed to know truth about adopted child – Daily Telegraph

Posted October 21st, 2010 in adoption, confidentiality, DNA, medical records, news, rape, victims by sally

“A rape victim who gave her baby away 20 years ago because she could not be sure if the child was her husband’s cannot now find out the truth because of adoption rules, a court has heard.”

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Daily Telegraph, 20th October 2010

Source: www.telegraph.co.uk

Jail for man who raided Lincolnshire cash machine – BBC News

Posted September 3rd, 2010 in burglary, DNA, news, sentencing by sally

“A man who helped remove a cash machine using a stolen digger in Lincolnshire has been jailed for five years.”

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BBC News, 2nd September 2010

Source: www.bbc.co.uk

New evidence may clear postman of sex attack after 14 years in jail – The Guardian

Posted August 23rd, 2010 in Criminal Cases Review Commission, DNA, evidence, forensic science, miscarriage of justice, news, sexual offences by sally

“Lawyer for Victor Nealon says crucial forensic evidence was left untested as surgeon insists wrong man was convicted.”

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The Guardian, 22nd August 2010

Source: www.guardian.co.uk

Human rights: from Europe to the UK – The Guardian

Posted August 10th, 2010 in DNA, EC law, human rights, news, reports by sally

“A new government report on the implementation of European Court of Human Rights judgments has highlighted the vexed issue of the rightful place of such rulings in domestic law. Many decisions, such as on prisoner voting rights, have languished for years unimplemented and it remains to be seen whether the coalition government will do any more to fulfil its legal obligations to the thousands affected.”

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The Guardian, 9th August 2010

Source: www.guardian.co.uk

DNA jails ‘merciless’ rapist after 20 years – The Independent

Posted July 28th, 2010 in DNA, grievous bodily harm, news, rape, sentencing by sally

“A 39-year-old man was jailed for 13 years today for beating and raping a mother in her home in a ‘prolonged and merciless’ attack 20 years ago.”

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The Independent, 27th July 2010

Source: www.independent.co.uk

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same – WLR Daily

Posted July 20th, 2010 in DNA, fingerprints, human rights, law reports, police, precedent by sally

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193

“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”

WLR Daily, 19th July 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fears over new EU snooping powers for police – Daily Telegraph

Posted July 16th, 2010 in DNA, EC law, investigatory powers, news, police by sally

“The proposed power would allow officers from an EU country to demand information on anyone they suspect of an offence, no matter how minor or whether it is even criminal in the UK.”

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Daily Telegraph, 16th July 2010

Source: www.telegraph.co.uk

Man jailed for 1986 rape – The Independent

Posted July 8th, 2010 in DNA, news, rape, sentencing by sally

“A rapist was jailed for eight years today after admitting a horrific sex attack on an 18-year-old woman on waste ground 24 years ago.”

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The Independent, 7th July 2010

Source: www.independent.co.uk

Michael Mansfield QC awarded outstanding achievement prize – The Guardian

Posted June 7th, 2010 in barristers, DNA, legal aid, legal profession, news by sally

“The Legal Aid Lawyer of the Year awards honour Michael Mansfield QC and other lawyers who show a commitment to publicly-funded work.”

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The Guardian, 4th June 2010

Source: www.guardian.co.uk

Government outlines plans on privacy and surveillance – OUT-LAW.com

Posted May 14th, 2010 in closed circuit television, defamation, DNA, freedom of expression, freedom of information, news, privacy by sally

“The new Conservative and Liberal Democrat coalition Government said that it will beef up freedom of information law and reduce the number of people whose details are held on the Government’s DNA database.”

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OUT-LAW.com, 13th May 2010

Source: www.out-law.com