Biology Reference
In-Depth Information
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A small number of criminals can be responsible for a large number of crimes -
linking these crimes together can aid police investigations. This is particularly
the case for burglaries, auto crimes and serious cases such as sexual assaults.
Legislation
The UK DNA database did not require specific statutes for its establishment, although
the police service launched the national DNA database at the same time that the
provisions of the Criminal Justice and Public Order Act 1994 came into force on
10 April 1995. Subsequent legislation has increased the scope of samples that may
be collected and retained on the NDNAD.
Legislation in England and Wales
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1994 The Criminal Justice and Public Order Act
Within the UK the Police and Criminal Evidence (PACE) Act 1984, which
governs the taking of samples from persons suspected of criminal activity, was
amended so that a sample could be taken from anybody arrested for a recordable
offence; previously samples were only taken if an individual was charged with a
'serious arrestable offence'. Significantly, it was also amended to reclassify saliva
and mouth swabs as non-intimate, thus allowing the samples to be collected
without consent and without the need for a medical practitioner.
1997 The Criminal Evidence (Amendment) Act
This allowed non-intimate samples to be collected from individuals currently in
prison but convicted of an offence prior to the establishment of the NDNAD.
2001 Criminal Justice and Police Act
This allowed samples to be retained indefinitely, irrespective of whether the
person was acquitted at trial, and from samples obtained from volunteers taking
part in mass screens, provided that these volunteers gave their consent.
2003 Criminal Justice Act
Section 63 of the PACE Act (1984) was amended to allow the police to take
a non-intimate sample from a person in police detention who has been arrested
for, charged with, informed they will be reported for or convicted of a recordable
offence. These powers came into force in 2004.
2005 Serious Organized Crime and Police Act
This made all offences arrestable; previously offences were categorized as
non-arrestable, arrestable and serious arrestable. Also, extended legislation so
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Note: Some pieces of legislation only apply in England and Wales, with other parts of the UK differing in key aspects,
such as retention policy.
