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DNA records of innocent to be kept

By Robert Verkaik, Home Affairs Editor

Jacqui Smith says database is vital in tracking down criminals

PA

Jacqui Smith says database is vital in tracking down criminals

The Home Secretary Jacqui Smith is accused today of undermining the principle of "innocent until proven guilty" by insisting on keeping DNA records of people cleared of crime.

Plans for a modified national database outlined by the Government today would allow the police to retain records of thousands of innocent people for up to six years. In cases of serious violent or sexual crime, the time limit would be extended to 12 years.

Civil liberties campaigners say they will fight the Government in court over the plans. Shami Chakrabarti, director of Liberty, said: "This well-spun proposal proves that the Home Secretary has yet to learn about the presumption of innocence and value of personal privacy in Britain. Wholly innocent people, including children, will have their most intimate details stockpiled for years on a database that will remain massively out of step with the rest of the world. With regret we shall be forced to see her in court once more."

The shadow Home Secretary Chris Grayling said: "The Government just doesn't get this. People in Britain should be innocent until proven guilty. Ministers are just trying to get away with as little as they possibly can instead of taking real action to remove innocent people from the DNA database. It's just not good enough."

Current rules, under which everyone arrested has their genetic fingerprint stored indefinitely, were ruled unlawful by the European Court of Human Rights last year. Judges in Strasbourg said the policy of retaining all suspects' data was "blanket and indiscriminate". The Government's response, published today, makes clear criminals convicted of "recordable" offences – those which can lead to a prison sentence – will stay on the database for life, as will under-18s who commit sexual or violent crimes. But youngsters convicted of only one minor offence will be deleted from the database when they turn 18.

Police will also track down about 30,000 criminals who committed serious sex or violent crimes before the database was built so their profiles can be added. All genetic material taken from suspects, such as blood or swab samples, will be destroyed.

Ms Smith said: "The DNA database plays a vital role in helping us do that and will help ensure that a great many criminals are behind bars where they belong. These new proposals will ensure that the right people are on it, as well as considering where people should come off. We will ensure that the most serious offenders are added to the database no matter when or where they were convicted.

"We also know that the database has provided matches for a significant number of serious crimes as well as providing thousands of matches for less serious crimes that cause great concern to victims, such as burglary, which is why we are proposing to keep some profiles for six years."

The Liberal Democrat home affairs spokesman Chris Huhne said: "Once again, the Home Office is fighting an undignified rearguard action designed to give as little as possible in response to the ruling of the European Court of Human Rights. Today's announcement is nowhere near good enough. Jacqui Smith must not be allowed to get away with anything short of immediately removing all innocent people from the database, except those accused of a violent or sexual offence."

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[info]knowles2 wrote:
Thursday, 7 May 2009 at 12:11 am (UTC)
Let down to it, will liberty and the Jacky smith, and European judges be arrested an put on trial for man slaughter if a person who is put on register at say 20 for let say for attempted murder get let off on a technicality and convenantly stayed away from police for 7 years or 13 years, as any half descent criminal would, and then goes on and commit 10 murders or rapes or worst, all which contained his dna but did not match anyone in the database because it was deleted from it. I wonder how the judges will explain that to there grand kids.

i wonder if the victims family will get a apology from Shami Chakrabarti and the judges for damaging there human rights to a family.you just know such a case will come up eventually sooner or later and I bet Shami Chakrabarti will not say a word or the judges or the Jacky smith for not standing up to them.

You know on this point Labour and Jacky Smith and I hate saying this, because I despise both but they are 100% to stand there grounds. Shame they wot just ignore the rulings EU courts altogether through.

Really how would the EU enforce then judgement, fine us, I rather pay them to save a single life.
[info]briarwood wrote:
Thursday, 7 May 2009 at 06:13 am (UTC)
"and convenantly stayed away from police for 7 years or 13 years, as any half descent criminal would"

I would suggest that very few criminals of the type you describe are "haft descent" (sic). You are creating a straw man and your argument is ridiculous. Sure, it could happen. (And if it did, it would not be Ms Chakrabarti who owed the hypothetical family an apology, but the incompetent cops who allowed this non-existent criminal to "get let off on a technicality" in the first place!) But the remote chance that such an extreme hypothetical case could happen does not justify treating tens of thousands of innocent people as criminals. This is supposed to be a free country, not a police state.

In the majority of rape cases, DNA evidence is irrelevant. The problem is not identifying the criminal, it's proving non-consent. Indeed, although DNA evidence has been a tool of detection in a number of high-profile cases, the majority still come down to good old-fashioned police work. And DNA alone will never secure a conviction. The most it can prove in most criminal cases is that a person was in a given location on approximately the right day.
(no subject) - [info]colinru - Thursday, 7 May 2009 at 11:23 am (UTC) Expand
(no subject) - [info]potwalloper - Thursday, 7 May 2009 at 06:52 am (UTC) Expand
(no subject) - [info]knowles2 - Thursday, 7 May 2009 at 01:31 pm (UTC) Expand
(no subject) - [info]potwalloper - Friday, 8 May 2009 at 07:51 am (UTC) Expand
(no subject) - [info]knowles2 - Friday, 8 May 2009 at 08:35 am (UTC) Expand
Please go
[info]nled63 wrote:
Thursday, 7 May 2009 at 12:28 am (UTC)

This is just getting beyond ridiculous. For goodness' sake, will somebody PLEASE show this fool Smith the door!
Appropriate apparel
[info]nled63 wrote:
Thursday, 7 May 2009 at 12:47 am (UTC)

Fit Smith up with a dunce's cap, Mr. Norman? - Don't forget the straitjacket, whilst you are about it!
Re: Appropriate apparel
[info]colinscarr wrote:
Thursday, 7 May 2009 at 02:19 am (UTC)
Better still, fit her up for a serious crime, and then see how she feels about her DNA being kept on record for all those years after she is found not guilty.
Re: Appropriate apparel - [info]dtnorth - Thursday, 7 May 2009 at 06:45 am (UTC) Expand
Re: Appropriate apparel - [info]colinscarr - Thursday, 7 May 2009 at 11:21 am (UTC) Expand
The Thin End of The Wedge.
[info]thisanthat wrote:
Thursday, 7 May 2009 at 02:51 am (UTC)
This shower of dung known as Nu Labour are absolutely hellbent on taking every liberty with the personal details of everyone. The ultimate goal will be to add the DNA of all and this will be done by firstly going down this route of keeping the DNA of those interviewed by the police for what ever purpose. This will then be declared a quantum leap in the successful way crime (imaginary or otherwise) is dealt with in the UK, resulting in the DNA being taken and stored from birth.
To emphasise the point I quote the following:
Taken from Mein Kempf.

The best way to take control over a people and control them
utterly is to take a little of their freedom at a time, to erode
rights by a thousand tiny and almost imperceptible
reductions. In this way the people will not see those rights
and freedoms being removed until past the point at which
these changes cannot be reversed - Adolf Hitler.
Re: The Thin End of The Wedge.
[info]linchung wrote:
Thursday, 7 May 2009 at 10:58 am (UTC)
Thank you for saying so clearly what I wanted to say!

The Hitler quote is totally apt!

Ms Smith, and those who advise her, who the HELL do you think you are?
Re: The Thin End of The Wedge. - [info]floppsiefrog - Thursday, 7 May 2009 at 12:06 pm (UTC) Expand
Re: The Thin End of The Wedge. - [info]frances472 - Thursday, 7 May 2009 at 01:04 pm (UTC) Expand
[info]akahamish wrote:
Thursday, 7 May 2009 at 02:57 am (UTC)
Let me make it very clear that I despise this woman and her fascist control freakery. She is a disgrace to the office she holds, as well as womanhood, and in my opinion, which is probably shared by the overwhelming majority of the populace, she is an unprincipled, dishonest, self-serving "She Wolf" who does not understand the meaning of a moral compass. Anyone who believed in the statement "tough on crime, tough on the causes of crime" would have the courage to put forward a reasoned argument to sway public opinion in favour of collecting the DNA of all the citizens in the UK from the cradle to the grave rather than resorting to collection by stealth. I might disagree with her reasoning but at least I would respect a direct honest approach to a problem and if she convinced parliament that this would clearly be beneficial in the war against crime then I would reluctantly provide such a sample. I fervently believe she introduces new initiatives without proper consideration of the wider implications in her desire to prove she is "fit for purpose" and subjects the electorate and others to draconian measures in a power crazed frenzy. She should go back to teaching, possibly in charge of delinquent children, but only undrer strict supervison as she would possibly have them all dressed in brown shirts.

On the DNA issue I would willingly provide a DNA sample if I was suspected of committing a crime and the provision of such would assist in determining my innocence. However, I believe that the police should be made to prove that they had DNA evidence from the scene of the crime for comparison purposes and not as a matter of routine. Why would the police need a DNA sample for offences such as speeding or even drink/driving when such samples would have no bearing on proving guilt or innocence? I am not, nor have I ever been, a criminal and I object to being treated by one on the dictat of such an unsavourary person as our current Home Secretary. For some reason she seems to believe that we are all criminals in waiting and she should be allowed to retain our DNA for a period of twelve years on the basis of a past wrongful arrest by the police. We would therefore be considered potential criminals despite unblemished records.
Brown's Eva Braun
[info]akahamish wrote:
Thursday, 7 May 2009 at 03:05 am (UTC)
Let me make it very clear that I despise this woman and her fascist control freakery. She is a disgrace to the office she holds, as well as womanhood, and in my opinion, which is probably shared by the overwhelming majority of the populace, she is an unprincipled, dishonest, self-serving "She Wolf" who does not understand the meaning of a moral compass. Anyone who believed in the statement "tough on crime, tough on the causes of crime" would have the courage to put forward a reasoned argument to sway public opinion in favour of collecting the DNA of all the citizens in the UK from the cradle to the grave rather than resorting to collection by stealth. I might disagree with her reasoning but at least I would respect a direct honest approach to a problem and if she convinced parliament that this would clearly be beneficial in the war against crime then I would reluctantly provide such a sample. I fervently believe she introduces new initiatives without proper consideration of the wider implications in her desire to prove she is "fit for purpose" and subjects the electorate and others to draconian measures in a power crazed frenzy. She should go back to teaching, possibly in charge of delinquent children, but only under strict supervision as she would possibly have them all dressed in brown shirts.

On the DNA issue I would willingly provide a DNA sample if I was suspected of committing a crime and the provision of such would assist in determining my innocence. However, I believe that the police should be made to prove that they had DNA evidence from the scene of the crime for comparison purposes and not as a matter of routine. Why would the police need a DNA sample for offences such as speeding or even drink/driving when such samples would have no bearing on proving guilt or innocence? I am not, nor have I ever been, a criminal and I object to being treated by one on the dictat of such an unsavoury person as our current Home Secretary. For some reason she seems to believe that we are all criminals in waiting and she should be allowed to retain our DNA for a period of twelve years on the basis of a past wrongful arrest by the police. We would therefore be considered potential criminals despite unblemished records.
SMITH ACTUALLY UNDERMINES THE BRITISH LAW:
[info]bgarvie wrote:
Thursday, 7 May 2009 at 04:20 am (UTC)
This is another example of a totally dysfunctional, unqualified Home Secretary undermining one of the basic tenets of British Law; 'innocent until proved guilty'.
Smith has no concept of morality, justice or the rule of law and is totally unfit for purpose. The sooner she and this discredited Government are replaced, the safer our country will become for its citizens.
What is it with these New Labour people?
[info]journeyman01 wrote:
Thursday, 7 May 2009 at 04:40 am (UTC)
My mind boggles at this latest nonsense from Smith. What on earth are her civil service advisers telling her? That this is A Good Thing To Do? Well, let's hope THEY don't end up being DNA-ed after a motoring offence becasue THAT will not go down well. Or do they have exemption? It's interesting that IF you are charged with an offence (despite the fact that you're innocent of such an offence), that they feel it necessary to take a DNA sample. This happened to me a few years ago - and despite the fact that I was innocent of the offence AND the CPS said "There is insufficient evidence to prosecute" (now, THERE'S a set of weasel words if ever there was - make what you will of THAT phrase) my DNA was taken and I cannot get it removed from the database.
Re: What is it with these New Labour people?
[info]floppsiefrog wrote:
Thursday, 7 May 2009 at 10:58 am (UTC)
It's interesting that you raise the issue of the type of civil service advice guiding government policy. In my experience, I have never known a more jaundiced, pessimistic and cynical bunch of people when it comes to speculating on the motivations behind any type of behaviour. Didn't Weber say something about the psychopathic nature of bureaucracy? I'm not a sociologist. Anyway, this is probably why there is such a growing chasm of alienation between the Government and the electorate on all sorts of issues in many countries.
What can we expect?
[info]49niner wrote:
Thursday, 7 May 2009 at 04:44 am (UTC)
Since when was this government concerned about justice and civil liberties? They have been complicit in the outrage that was Guantanamo Bay. Keeping DNA samples against a European Court of Justice ruling is small beer in comparison.

This distrust of fellow citizens by flouting the principle of innocent until proven guilty will not serve government or justice. People will become highly suspicious of authority and not come forward with vital information that could help solve crime.

People are naive if they think they can trust the authorities if they have nothing to hide. Personally, I give the agencies a very wide berth if at all possible. It's an issue of trust for me - or lack of it.
F**k off back to hell Jackie Smith...
[info]acidpen wrote:
Thursday, 7 May 2009 at 04:52 am (UTC)
isn't it time we screened politicians mental health regularly, clearly this woman is suffering from some sort of delusional sickness. I think they underlying Freudian conclusion is that all she really wants to bathe is the DNA rich ejaculate of every man in the country, because perhaps she has never really been fucked properly. Or perhaps she wants to bathe in the blood of every man and woman, either way i think a silver bullet between the eyes is what she really needs.

God, just the mention of this woman sets me in a rage, especially so early in the morning, sorry folks...
JACQUI GO AWAY.!
[info]fantazamaraz wrote:
Thursday, 7 May 2009 at 05:04 am (UTC)


WHY...OH WHY IS SHE STILL THERE

STILL TRYING US ALL TO SCARE

MAKING RULES THAT STIFFLE US

ALL UNECESSARY FUSS

SHE IS A NUTTY FLIP

ON HER PRIVATE POWER TRIP

A PERSONAL OBSESSION

OF MASS REPRESSION

AS SURE AS WHITE CLIFFS OF DOVER

HER SADISTIC RULE WILL SOON BE OVER.!
Jackboot Jacqui
[info]fastrob wrote:
Thursday, 7 May 2009 at 05:33 am (UTC)
Jacqui get back to working out your expenses for next month and stop trying to play Eva Braun to Brown's lamentable Fuhrer.
The Nazi regime were evil but very capable in their affairs.Labour are just a bunch of corrupt,crooked clowns playing at being autocrats.
Your all truely deeply pathetically SAD.
[info]bowesy wrote:
Thursday, 7 May 2009 at 05:59 am (UTC)
Will her dna be placed on the db for misuse of expenses?

Maybe she will go on GMTV - the home of a really useless politician - to explain this. No doubt millions will be paid to lawyers to defend the indefensible again.

This is one seriously useless woman who really should be spending more time with that wrist job of a husband. Perhaps his dna should be kept on the db after all he loves porn and is a man - which in her little mind means he is one step away from being a rapist and pedophile.

Do we really deserve this lot?
Should have gone to Specsavers
[info]cybernaught2009 wrote:
Thursday, 7 May 2009 at 06:44 am (UTC)
The decision to keep DNA records of innocent people is appalling. It suggests that Ms Smith simply can't see that the freedom and privacy of the innocent citizen should be preserved and protected.
I am already 90. Here are my finger and footprints.May be these will help you identify my grave.
[info]famulla wrote:
Thursday, 7 May 2009 at 06:57 am (UTC)
The same old lawyers? phrase, Innocent until proved guilty ?and to prove him guilty we will take thirty years. We will not. Some are nearly in the grave.
DNA records of innocent to be kept. Tell me what I have done. I was born an Asian, never smoked, never drank, never went to the red zones, never had a car or a bike, never travelled in the train without a ticket, never had a tiff with my neighbour, and never reported to the police if some one stole my pop corns. . There are millions like me. Do you have the storage of these? We seem to have short of prison, the runways from the plane, and hospitals for the sick, money for ourselves. We have another burden. Stupid lawyers? burden that we have to keep, I swear I am the citizen of UK and that I have never committed any crime. Here are my finger and footprints. I am already 90. May be these will help you identify my grave.
I am also Minister of Interior and Posterior.
I thank you
Firozali A. Mulla
spot on
[info]the_kegs wrote:
Thursday, 7 May 2009 at 07:05 am (UTC)
This is absolutely correct, undermining the principle of "innocent until proven guilty" is exactly what she's doing. Role on the election, let's get rid of these imbeciles.
I am already 90.Here are my finger and footprints. these will help you identify my grave.
[info]famulla wrote:
Thursday, 7 May 2009 at 07:08 am (UTC)
The same old lawyers? phrase, Innocent until proved guilty ?and to prove him guilty we will take thirty years. We will not. Some are nearly in the grave.
DNA records of innocent to be kept. Tell me what I have done. I was born an Asian, never smoked, never drank, never went to the red zones, never had a car or a bike, never travelled in the train without a ticket, never had a tiff with my neighbour, and never reported to the police if some one stole my pop corns.There are millions like me. Do you have the storage of these? We seem to have short of prison, the runways from the plane, and hospitals for the sick, money for ourselves. We have another burden. Stupid lawyers? burden that we have to keep, I swear I am the citizen of UK and that I have never committed any crime. Here are my finger and footprints. I am already 90. May be these will help you identify my grave.
I am also Minister of Interior and Posterior.
I thank you
Firozali A. Mulla
Fat Jaq
[info]oomigoolies wrote:
Thursday, 7 May 2009 at 07:46 am (UTC)
This incompetent fool just quacks the tunes that the Filth want her to. I hope Ms Chakarabati DOES take this squalid wretch to court again. NOBODY innocent of ANY crime should have their data on police records for more than 24 hours after being acquitted or having charges dropped.
Indispensable, repressive government
[info]floppsiefrog wrote:
Thursday, 7 May 2009 at 07:58 am (UTC)
I am afraid that this move is just another step in the direction of an Orwellian totalitarian form of government that not only has detailed knowledge on every aspect of the lives of its citizens, but exercises total control with propaganda, manufactured fear and coercion. The Government is obviously expecting a bleak future and civil unrest arising from the confluence of the collapse of capitalism (requiring unlimited growth) with the arrival of peak oil, which will undermine the planet's ability to support its bloated population of inhabitants.

As far as a DNA database is concerned, I believe any dim witted criminal, knowing of its existence, will ensure the complete destruction of any DNA evidence on leaving the scene of a crime. This recently happened when two French students were murdered in London. The crime scene was torched, however, the police managed to catch and successfully prosecute the culprits on the basis of evidence from an informer.
Re: Indispensable, repressive government
[info]john_levett wrote:
Thursday, 7 May 2009 at 09:19 am (UTC)
Your point on DNA is an important one. While at face value I can sympathise with those who welcome a DNA register, I am opposed to it because the inevitable result will be the ratcheting up of crime - as in the case of a recent rape victim who was subsequently doused with acid to destroy the evidence.

There is also the worrying development of crime scenes being seeded with another's DNA and the burden of proof being shifted to the accused.

I would much rather see more effort and money put into preventative measures instead of new toys to help the police solve a crime after it had occurred.
Re: Indispensable, repressive government - [info]linchung - Thursday, 7 May 2009 at 11:17 am (UTC) Expand
Unlawful DNA evidence - all will go free on appeal to the EU Court?
[info]g_onnads wrote:
Thursday, 7 May 2009 at 08:15 am (UTC)
If retaining records is unlawful under EU law, then anyone convicted in the UK on the basis of DNA, can appeal to the EU court and get the case thrown out, on the ruling that the DNA records are illegal, whether guilty or not ?
Re: Unlawful DNA evidence - all will go free on appeal to the EU Court?
[info]floppsiefrog wrote:
Thursday, 7 May 2009 at 08:48 am (UTC)
I'm certainly not an expert in this field, but I think you're being optimistic. As far as I understand the police cannot prosecute on the basis of a suspect's DNA alone (at the moment) and there must be a raft of additional evidence. I guess what the police are attempting to do is reduce the cost of identifying suspects and their relatives, which is perhaps the only operational justification for having a DNA database in the first place. Also, as far as I'm aware, the police have failed to make a case in this respect. It appears to me that they, the police and the Government, are attempting to impose this on the public on the basis of supposition and fear.
I AM GETTING BORED OF BEING ACCUSED OF ANTI-SEMETISM FOR ANY CRITICISM AGAINST ISRAEL!
[info]djangovsartana wrote:
Thursday, 7 May 2009 at 08:48 am (UTC)
I AM GETTING BORED OF BEING ACCUSED OF ANTI-SEMETISM FOR ANY CRITICISM AGAINST ISRAEL!
Re: I AM GETTING BORED OF BEING ACCUSED OF ANTI-SEMETISM FOR ANY CRITICISM AGAINST ISRAEL!
[info]floppsiefrog wrote:
Thursday, 7 May 2009 at 09:20 am (UTC)
You're in good company. Apparently, a tenured professor (William Robinson) at the University of California is the latest high profile victim of what he and many others consider a malicious campaign of intimidation designed to silence any form of criticism of the state of Israel and the regressive nature of its underlying ideology. It's just a boring repeat of the same tired old story of a hostile, hysterical form of self-denial in the face of the ugly truth. Many people are horrified when forced to confront their reflection in a mirror especially when their life depends on the preservation of a positive image.
A ROgue State
[info]arion444 wrote:
Thursday, 7 May 2009 at 09:05 am (UTC)
Well, that puts the nail in the coffin. Stop paying your taxes, stop believing Sky News, stop listening to the drivel that the Government puts out as policy, stop relying on the State to take care of you. Just say NO. How, in God's good name, do any of the current western 'democracies' expect anyone to respect them and take them at their word in regards to human rights, much less the touted 'rule of law'. What a travesty! There is no rule of law, unless it can be unilaterally manipulated at a whim by government, in which case it is completely invalid.

Self-rule, and community level cooperation, based in spiritual priniciples and not legalistic, moralistic, and religous arguments will be the path into true peace, prosperity and harmony with the Planet. Reject this or any other government that claims legitimacy while behaving in a manner befitting the criminally insane.
DNA records
[info]victhebrit wrote:
Thursday, 7 May 2009 at 09:22 am (UTC)
Is the home secretary's DNA profile on record? Or Gordon Brown's for that matter. If the government wants us to believe the UK is not a Police State then perhaps the entire Labour Party (and families) should submit to having their DNA profile held by the Home Office. But of course they won't.
Re: DNA records
[info]knowles2 wrote:
Friday, 8 May 2009 at 02:00 am (UTC)
If they been arrested in the past 15 years or so then yeah they be on there. If they like the majority have not had trouble with the police they will not be on there.
Re: DNA records - [info]victhebrit - Friday, 8 May 2009 at 02:25 am (UTC) Expand
Typical New Labour
[info]sublibellous wrote:
Thursday, 7 May 2009 at 09:26 am (UTC)
The minimum possible concession to legality here - people could still spend 12 years on the police database after being arrested for the most trivial of offences. All innocent people need to come off the database immediately, regardless of what they were originally falsely accused of, and the police officers responsible for the original false arrest must be properly dealt with.
Outrage
[info]andyfisk wrote:
Thursday, 7 May 2009 at 10:56 am (UTC)
They have my DNA and it sickens me - my case was thrown out of court for a non serious charge - why should they have my DNA for six years. I was not guilty. What would have happened if the suffragettes had had their DNA taken - would they have been so effective. They were acting illegally after all. Jacqui Smith wouldn't be where she is today if it wasn't for them.

What about the Government's complete ineptitude on keeping safe our data - will the insurers get my DNA. Do I trust the police - those bastions of decency to respect my code of life. Furthermore how can I be sure it will get taken off - who will be the over looker of this process. Can we sue them if they have not taken off our DNA after six years. What a cop out. Humans and power sucks.

What a further waste of taxpayers money to have to be taken to court again because they have no decency - no respect for liberty. Seriously these criminals are the ones who voted for a bloodbath in Iraq and they talk about a safer society. Remove my DNA, remove Jacqui Smith and remove the murderers who voted for the Iraq war.
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