Source: All England Reporter
Publisher Citation: [2002] All ER (D) 62 (Sep)
Neutral Citation: [2002] EWCA Civ 1275
Court: Court of Appeal, Civil Division
Judge:

Lord Woolf CJ, Waller and Sedley LJJ

Representation Richard Gordon QC and Stephen Cragg (instructed by Howells) for the claimants.
  David Bean QC and David Jones (instructed by the South Yorkshire Police Service) for the defendant.
  Rabinder Singh QC and James Strachan (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department, the interested party.
Judgment Dates: 12 September 2002

Catchwords

Human rights - Privacy - Private life - Discrimination - Criminal evidence - Retention of criminal evidence - Fingerprint and DNA samples - Provision enacted enabling police to retain fingerprint and DNA samples notwithstanding person from whom they were obtained being cleared of offence the investigation of which led to samples being obtained - Whether provision compatible with Convention - s 64 - European Convention on Human Rights, arts 8 and 14.

The Case

The retention by the police of fingerprints and DNA samples of individuals who had not been convicted of criminal offences, under s64 of the as amended by s82 of the did not contravene either the individual's right to privacy under art8 or his right not to be discriminated against under art14 of the European Convention of Human Rights.

Practice Areas

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