Ex-prisoner loses DNA challenge

An ex-prisoner's legal challenge to a police force request for him to provide DNA samples has been rejected by the High Court.

Lawyers for the ex-prisoner, referred to as R, argued that the request infringed his human rights.

But Lord Justice Pitchford and Mr Justice Hickinbottom, sitting in London, dismissed his application for judicial review. Lord Justice Pitchford said the request was both "lawful and proportionate". R is now considering whether to appeal against the ruling.

The test case was triggered by Operation Nutmeg, under which DNA samples have been collected from prisoners whose crimes pre-date routine collection.

The police force at the centre of the case, which also must not be be named for legal reasons, wanted R's sample as part of the push across England and Wales to collect genetic material from people jailed for serious crimes before 1994. After that date, people convicted of serious crimes had DNA swabs routinely taken to add to the national database.

Peter Neyroud, former head of the National Policing Improvement Agency, told BBC Radio 4's Today programme: "Collecting this DNA is worthwhile. It helps solve serious, historic cases. Of the 6,000 samples taken so far there are around 100 matches. I'm sure the police will get something worthwhile in around 50 of these cases. We are talking about pretty serious crimes here."

Stephen Cragg QC, who led the legal challenge, said: "The claimant in this case accepts he committed a serious crime, but not since 1999.

"Now he has been asked to provide a sample he says his human rights have been breached as he has a right to a private life."

Mr Cragg also questioned whether statistics backed up the police case. He said: "If you take DNA from everybody you will solve more crimes.

"But will this improve the detection rate? It remains a very low rate. Often DNA evidence will throw up red herrings."

More:
Ex-prisoner loses DNA challenge