Criminal investigation and trial Dr Carole McCartney Project Manager and Lecturer in Law, University of Leeds

Taking bioinformation Police can take bioinformation without consent from people arrested for recordable offences Our view: –this is proportionate to the aim of detecting and prosecuting crime –but the distinction between recordable and non-recordable offences is arbitrary and list should be reviewed

Government is consulting on proposals to allow police to take bioinformation without consent from people arrested for ‘non-recordable’ offences Our view: –this is disproportionate to the aims of identifying a person and confirming whether or not a person was at a crime scene Taking bioinformation II

Retaining bioinformation Currently, police can retain indefinitely bioinformation from people arrested for recordable offences in England and Wales Government consulting on proposals to allow retention from all arrestees Our view: –bioinformation should only be retained indefinitely for people convicted of a recordable offence, in line with Scotland –Exceptions for serious violent or sexual offenders

An alternative focus… We recommend: Higher priority given to crime scene analysis Crime scene samples should be retained indefinitely More research on contribution of bioinformation to criminal justice Better collection of statistics on forensic uses of bioinformation

The DNA Database: further recommendations Ethnic minorities: we welcome equality impact assessment Minors: should be a presumption in favour of removing children’s DNA from the Database unless there is a good reason not to Volunteers: should be able to remove DNA without giving reason

Population-wide DNA database? We are against a population-wide forensic DNA database: –hugely expensive –difficult to maintain –increased risk of function creep –unlikely to have much impact on public safety –‘potential offenders’ rather than ‘citizens’ The intrusion of privacy incurred would not be outweighed by benefits to society

Trial We recommend: disclosure of all DNA and fingerprint evidence to all parties in pre-trial stages clarification that fingerprint specialists are giving expert judgment minimum understanding of statistics for legal professionals information about capabilities and limitations of DNA evidence provided to members of the jury