Photo of John Robertson

John Robertson (Glasgow North West, Labour)

To ask the Secretary of State for the Home Department what her policy is on the retention of DNA of those arrested but not charged with a qualifying offence as defined in the Crime and Security Act 2010.

Photo of James Brokenshire

James Brokenshire (The Parliamentary Under-Secretary of State for the Home Department; Old Bexley and Sidcup, Conservative)

holding answer 9 September 2011

Our position remains that, where a person is arrested but not charged for a qualifying offence, if the police believe there are sufficient public protection grounds to justify the retention of DNA and fingerprint records, they will be able to apply to the new Commissioner for the Retention and Use of Biometric Material.

The Commissioner will decide whether or not retention is justified; if the Commissioner agrees, the police will be able to retain material for a period of three years. At the end of that period, they will be able to apply to a magistrates court for a single, two-year, extension to the retention period.

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