ACRO PO Box 481 Fareham P0149FS
Tel: 02380745655 Fax: 02380 745463
E-mail: [email address]
9th December 2008
Dear Chief Officer,
S & MARPER - EUROPEAN COURT RULING 4TH DECEMBER 2008
Lines to take
Following the above ruling it has become public knowledge that the European Court of Human Rights unanimously held in
this particular case, against the retention of fingerprints and DNA of persons suspected but not convicted of offences.
Accordingly, the Court determined that the retention in the case of S & Marper constituted a disproportionate interference
with the individual's right to respect for private life and could not be regarded as necessary in a democratic society.
Accordingly the Court concluded unanimously that there had been a violation of Article 8 in respect of this case (the right to
respect for private and family life).
The Government is expected to provide a considered response to this ruling, which is currently under consideration by their
Lawyers.
Whilst this judgement has gone against the Government, it does not have any impact on the current retention fingerprint and
DNA policy until the law is changed by Parliament. It therefore follows that the current legislation and procedures remain
unaffected by this ruling.
Individuals who consider that they fall within the ruling in the S & Marper case should await the full response to the ruling by
Government prior to seeking advice and/or action from the Police Service in order to address their personal issues on the
matter.
Once the legal interpretation has been established, further advice will be provided via the ACPO Criminal Records Office.
The European Court's jud
gements are accessible at http://www.echr.coe.int
Yours faithfully,
ACPO Criminal Records Office
National DNA Database Strategy Board
Chair: r. Gary Pugh
c/o Room 764v, New Scotland Yard, Londo
n, SW1 H OBG [email address]
Telephone: 02072302529 Facsimile: 02072309974
Dear Chief Constable
EUROPEAN COURT OF HUMAN RIGHTS - S & MARPER CASE
You will be aware of the above case, which challenges the legal right of the Police Service to retain Fingerprints, DNA
Samples and Profiles taken at arrest where the subject is not convicted of the offence for which the samples were taken. S
and Marper submit that this is a violation of their human rights under Articles 8 and 14 of the European Convention on
Human Rights (ECHR ).
This challenge currently sits with the Grand Chamber of the European Court of Human Rights (ECtHR) with a ruling
expected around the end of November or early December 2008.
A number of strategy meetings have taken place with relevant stakeholders in readiness of the court ruling. I have tasked
the ACPO Criminal Records Office (ACRO) to draw up action plans and process maps in readiness to respond to any ruling
against HM Government In the event of a violation ruling by the ECtHR, there may need to be detailed considerations given
to the way DNA and fingerprints are retained in the future. During the consultation process, ACRO will be responsible for
coordinating the response on behalf of the Police Service under the name Operation Advocaat.
In order to assist the ACRO team can I ask that each Force nominate a Single Point of Contact (SPOC) to act as the Force
Liaison Officer. It is suggested that the SPOC has some knowledge of your Force Fingerprint Bureau, DNA and
PNC related
matters.
When identified, the SPOC should make contact with the ACRO Op ration Advocaat team via email
([email address]) giving details of their name, force, email address together with office and mobile
telephone number . It would be helpful to identify a Deputy SPOC who should also provide the same contact details.
In the meantime, Operation Advocaat can be contacted on 02380 745655.
Yours faithfully
Gary Pugh Chair of the National DNA Database Strategy Board
