National DNA Database Strategy Board
th
5 December, 2008
To: Chief Constables
S & Marper ECHR Judgement Briefing At present we are carefully considering the implications of the ECHR Judgement and
how it will subsequently impact on the retention and search of DNA profiles/samples on
the NDNAD. The Judgement requires considerable interpretation and this will be
undertaken with the Home Office and Legal Advisors.
Now that the Judgement has been handed down the Court plays no further part and
implementation is overseen by the Committee of Ministers (COM) of the Council of
Europe, which will expect to see an action plan and rough timeline for implementation of
general measures to remedy any violation from the UK Government. The next meeting
of the COM in 2009 is in March. It will be necessary for the UK Government to provide
details (even if only in broad terms) of the proposed general implementation measures at
this meeting.
A Contingency Planning Group, chaired by the Home Office PPPU and established
before the Judgement, comprises members of ACPO, NPIA, CPS, APA, MOJ, HOLAB,
with engagement with the Scottish Executive, the Northern Ireland Office and the
Attorney General’s Office, will sit over the coming weeks together with Counsel to clarify
the implications of the Judgement. It will consider among, other matters, the impact to
speculatively search on arrest, future approaches to the retention policy and destruction
of samples. Issues for consideration in this case include the retention of a subjects
profile following arrest but not conviction where there is a subsequent arrest that resulted
in a conviction or other judicial disposal and hence whether the profile can now be
retained for the latter matter.
Obviously no definitive answers can be given at this stage and it will be a matter of
weeks before the UK Government can formalise any implementation measures.
However, I will keep you updated of any considerations or decisions taken, on the basis
of legal advice, by the Contingency Planning Group and Counsel.
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