The Scottish DNA Database and the Criminal Justice and Licensing (Scotland) Bill
Edinburgh Law Review, 2010
Posted: 31 Aug 2010
Date Written: August 30, 2010
Abstract
The collection and retention of DNA samples is universally seen as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. In Scotland, at present, DNA samples may be obtained from anyone arrested, and then retained indefinitely after conviction in the criminal courts and for limited periods following acquittal for certain serious offenses. The Criminal Justice and Licensing (Scotland) Bill proposes to extend this to allow retention of DNA data obtained from children who have committed sexual or violent offenses and who are being dealt with by the children’s hearings system. The Bill will also articulate explicitly the permitted uses of retained DNA data.
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