Standards set for crime fighting powers and retention of DNA profiles

New standards for the use of investigatory powers and retention of DNA profiles were outlined by the Home Secretary on December 16, 2008. She explained the ways to strengthen how the Regulation of Investigatory Powers Act (RIPA) is to be used by public authorities and how and when DNA profiles are to be retained on the national database.

The use of RIPA is to be the subject of a consultation that will seek to examine the following:

• A revision of the Codes of Practice that come under RIPA.
• Which public authorities can use RIPA powers.
• How those powers are authorised, and who authorises their use.

There is also a planned consultation on proposed changes to RIPA powers to bring them in line with tests of safeguards, openness, proportionality and common sense.

The Government intends to bring forward proposals for a consultation on the retention arrangements for DNA profiles in a Forensics White Paper to be published later this year which will include:

• Varying the timescale of retaining DNA evidence dependent upon the seriousness of the offence, the age of the individual and the degree of risk posed by the individual.
• Re-examination of the current retention arrangements for DNA profiles.
• Ensuring that the police can retrospectively take samples for a longer period after conviction and from those individuals who are convicted overseas.

The Home Secretary also announced that the Government will take immediate steps to take the DNA profiles of children under the age of ten years, the age of criminal responsibility, off the database.

The full press release, Common sense approaches to dealing with crime and DNA, and the Home Sceretary’s speech, Protecting rights, protecting society, can be found at http://www.homeoffice.gov.uk/ about-us/news/common-sense-standards