Convicted criminals in Scotland have their DNA retained indefinitely A move to allow Scottish police forces to hold the DNA of innocent people for up to six years has been thrown out by a committee of MSPs. Labour's amendment to the Criminal Justice and Licensing (Scotland) Bill would have brought Scots law in line with the rest of the UK. But the proposal was opposed by SNP, Lib Dem and Tory members of Holyrood's justice committee. The amendment was rejected by five votes to three. Under the current system, everyone convicted of a criminal offence in Scotland has their DNA retained indefinitely. Those cleared of committing sexual or violent offences also have their DNA retained for a period of three years. This can be extended on a rolling basis every two years if the police have concerns. We believe that we have the balance correct with the current law

Fergus Ewing

Community safety minister Labour's amendment, which was tabled by the party's community safety spokesman James Kelly MSP, would have meant anyone prosecuted but later cleared of committing any crime would have their DNA retained for six years. Mr Kelly, the member for Glasgow Rutherglen, said he believed the move would have made solving serious violent and sexual crimes easier for Scottish police forces. He added: "I would submit that the extension of the DNA database would contribute to tracking down the 2,000 unsolved rape cases in Scotland." His amendment was backed by the other two Labour MSPs on the committee, but was rejected by the three SNP and sole Lib Dem and Tory members. Liberal Democrat justice spokesman Robert Brown said the UK already held more DNA than almost any other country in Europe and said he doubted identify was an issue in any but a very small number of the "2,000 unsolved rape cases". "In short, I think James Kelly's amendments are not really supported by evidence, they are disproportionate, and they are likely to be subject to European Court of Human Rights challenge," he added. Bill Aitken MSP, the Tory convenor of the committee, also said he had "serious reservations" about Mr Kelly's proposals. Civil liberties "I do feel that what Mr Kelly is seeking to do here would be on one side undesirable, and on the other side completely contrary to the law as it stands," he said. Scottish Community Safety Minister Fergus Ewing said the country's existing policy on DNA retention had been praised by the European Court of Human Rights, and prosecutors did not believe an extension of the time period was necessary. Mr Ewing said it was important to balance the needs of the police and courts with the need to safeguard the civil liberties of the people of Scotland. "We believe that we have the balance correct with the current law," he added. Earlier this month, Westminster passed Labour proposals to cap the time a non-convicted person's DNA records can be kept on the database in England and Wales to six years. The European Court of Human Rights had ruled that the previous position, of indefinite retention, was unlawful. The Conservatives have already pledged to ensure the DNA profiles of innocent people arrested for minor offences in England and Wales are not retained if they win the forthcoming general election.



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