Parliamentary Under-Secretary of State for the Home Office Lord Taylor of Holbeach has eventually made an order – The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013 – to commence the provisions in the Protection of Freedoms Act 2012 which relate to the destruction, retention and use of material including fingerprints, DNA samples and DNA profiles. These provisions will be commenced on 2013-10-31. A few provisions relating to the destruction of copies of fingerprints which will commence only on 2014-01-31.
One section which is not commenced by this order is section 22 about the 'Guidance on making national security determinations'.
Lord Taylor of Holbeach also made the order Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013 that deals with the destruction, retention and use of biometric data retained before the moment the DNA provisions of the Protections of Freedom Act are effectively commenced.
In the Anti-social Behaviour, Crime and Policing bill committee, Damien Green, pointed out that 'In preparation for the implementation of the Protection of Freedoms Act, 7.7 million samples taken to produce DNA profiles have now been destroyed.' Here is the updated table, first published in the post 1,136,000 DNA profiles and 6,341,000 samples gone, but stealth DNA database of everyone being planned:
|DNA profile deletions||504,000||504,000||1,136,000|
|DNA sample destructions||439,000||453,000||6,341,000||7.7 million|
|Source: Anti-social Behaviour, Crime and Policing Bill committee 203-07-16, Ministerial statement 2013-05-20, Parliamentary written answer 2013-03-21, Ministerial statement 2013-03-04|
Analysis of biological samples to become costly for the defence
In the committee, Damien Green, explained that Clause 10 of the Anti-social Behaviour, Crime and Policing bill will amend the Protection of Freedoms Act to ensure biological samples that becomes relevant to disputed issues in court proceedings have not been destroyed by the time those proceedings take place:
[The Protection of Freedom Act] requires biological samples of all types to be destroyed, including blood, semen, urine, saliva, hair and skin swabs. That affects not only samples used for adding profiles to the DNA database, but those used for purposes such as testing for drug and alcohol use, violent and sexual contact between suspects and victims, and exposure to chemicals such as those associated with explosives, firearms or drug production.
Note that access to the analysis of these biological samples may become costly to the defence. 'Most material held by the prosecution was previously provided free to the defence during disclosure of evidence' writes Owen Bowcott in the Guardian, but due to changes in charging practices following the dissolution of the state-backed Forensic Science Services (FSS) last year, 'several forensic science companies have recently changed billing practices, demanding up to £800 a day, for example, from experts hired by the defence'. (See also The [Justice] Gap for an analysis of these rising costs by Peter Glenser). This is put succinctly by commenter mschin1: 'You mean that I could be forced to pay for information about my own DNA to prove my innocence? You really couldn't make this up.'
Draft guidance on early deletion of DNA and fingerprint records
The Home Office has issued a consultation on its draft Guidance on early deletion of DNA and fingerprint records set to replace the Exceptional Case Procedure. Deadline for the consultation is 2013-07-29. The guidance will come into effect in October.
First published on 2013-07-22; last updated on 2013-07-23 to add a link to the consultation.