TY - JOUR
T1 - Can the National DNA Database be Effective and Comply with Human Rights Legislation?
AU - Blakemore, Frederick
AU - Blake, Christopher
PY - 2012/1/1
Y1 - 2012/1/1
N2 - In 2008 the European Court of Human Rights ruled that blanket retention of DNA and fingerprints on the UK National DNA Database (NDNAD) was contrary to Article 8 of the European Convention on Human Rights. This prompted a review of legislation, a period of consultation, a government response within the Crime and Security Act (2010) and, following a new government, the Protection of Freedoms Act 2012. The Prum Treaty (2005) creates an obligation to establish an infrastructure that enables an EU-wide database which will be accessible to every police force in the EU. There are significant concerns about the exchange of information relating to UK citizens who have not been convicted of any offence. This paper will examine how effective the legislation is in balancing the needs of the state with that of the individual, and the efficacy of the NDNAD, as well as strategies for the effective detection of criminals.
AB - In 2008 the European Court of Human Rights ruled that blanket retention of DNA and fingerprints on the UK National DNA Database (NDNAD) was contrary to Article 8 of the European Convention on Human Rights. This prompted a review of legislation, a period of consultation, a government response within the Crime and Security Act (2010) and, following a new government, the Protection of Freedoms Act 2012. The Prum Treaty (2005) creates an obligation to establish an infrastructure that enables an EU-wide database which will be accessible to every police force in the EU. There are significant concerns about the exchange of information relating to UK citizens who have not been convicted of any offence. This paper will examine how effective the legislation is in balancing the needs of the state with that of the individual, and the efficacy of the NDNAD, as well as strategies for the effective detection of criminals.
KW - investigation
KW - crime and security act 2010
KW - protection of freedoms act 2012
KW - police national computer
KW - racial profiling
KW - forensic utility
KW - dna detections
U2 - 10.1350/pojo.2012.85.2.573
DO - 10.1350/pojo.2012.85.2.573
M3 - Article
SN - 0032-258X
VL - 85
SP - 191
EP - 192
JO - The Police Journal: Theory, Practice and Principles
JF - The Police Journal: Theory, Practice and Principles
IS - 3
ER -