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Legal Advice please.

SoundAsa£SoundAsa£
edited November 2011 in Not Sports Related

A friend of mine's 19 year old son was detained (don't think he was actually arrested) in connection with the attempted theft of a motor cycle in Battersea a few weeks back

Both he and his friend were wrongly identified and today, as was expected, all charges have been dropped.

However his DNA and fingerprints were taken.

How does he now go about getting these removed from the police data base?

Is it a simple form he has to complete or is it more complicated than that?

Comments

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    MiserableoldgitMiserableoldgit
    Not sure this'll Help, but, in the 90's when I was charged and, after several months, found Not Guilty, the Police at Catford PS said I could go down there and "watch them destroy My records": Only they don't, they're on file permently......
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    WSSWSS
    edited November 2011
    What's the issue in having them on the database? It's not as if they are following your every movement, just got some finger prints in some archive.

    I suppose it's the principal, but I think I've got better things to do with my life!
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    StrasburgerStrasburger
    Not sure this'll Help, but, in the 90's when I was charged and, after several months, found Not Guilty, the Police at Catford PS said I could go down there and "watch them destroy My records": Only they don't, they're on file permently......
    Second that.  Not a chance of getting them off. 
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    GreenieGreenie
    Dont take this the wrong way but why would he want them removed? If he's not going to get in trouble it will never cause him a problem!
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    DA9DA9
    Its the principle, and I make him right for wanting them removed, however, I seriously doubt even if they told him they had destroyed them, that they actually had.
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    PaulCAFCPaulCAFC
    edited November 2011

    This might help - there was a court ruling earlier this year about dispoal of DNA records, but it is a shambles.

    http://www.genewatch.org/sub-539488

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    Clem_SnideClem_Snide
    Totally agree with the principle argument. They have no business hanging onto this info. The chances of them actually destroying the details are about nil.
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    SoundAsa£SoundAsa£
    edited November 2011

    Not only is it the principle...he's a really lovely lad and as honest as the day is long.

    If you think of how things have changed so dramaticly over the years there's simply no telling if 20,30 or 40 years down the line this could possibly in 'some way' become detrimental to him.

    It's no use saying that it 'won't happen....you don't know what the future might bring and where all this 'gleaning of information' might lead. We have all had a think about it and would prefer it if this info was removed.

    Anyway......how does he go about this...no one seems to know for sure which surprises me?

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    WilmaWilma

    http://www.homeoffice.gov.uk/police/powers/dna-and-fingerprints/

    Some info here. Says it's basically down to the Police Chief!

    How do I get my DNA removed from the database?

    Only police chief officers may consider the exceptional destruction of DNA and fingerprints under the exceptional case procedure.  You need to write to your local police force to request them removed. 

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    SoundAsa£SoundAsa£
    Thanks guys....well it would seem that this isn't quite as straight forward as it should be......which I find quite disturbing to be honest.
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    Saga LoutSaga Lout
    Would be easier if there was a database of all our DNA. But do you trust our democratically elected government and who could they trust to look after it?
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    Floyd MontanaFloyd Montana
    Best hope is that some fool leaves them all on a train somewhere.
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    olsterolster
    I'm pretty sure Mark Thomas (political activist/comedian) was successfull in getting his removed...but it's not easy...
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    MuttleyCAFCMuttleyCAFC
    Fair point but if they are going to hang onto his they should take the rest of ours too. If not, it should be his right for them to be destroyed as an act of principle. Personally, I think the Police should have everybody's DNA and finger prints on record - it would have a positive effect on crime and what harm can it do you if you have done nothing wrong?
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    razilrazil
    what would stop them pinning crimes on people via 'evidence', I guess the source of dna tissue would have to be verified independently?
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    southamptonaddicksouthamptonaddick

    I've always thought that when a baby is born there DNA should be taken and held on record.

    Maybe a bit controversial but to me that will cut down on miscarriges of justice in the future. Not saying there won't be any but will defibately be less.

    With regards to razils post a new check could be taken if and when somebody is arrested.

    (Now waiting for some people to shoot me down) 

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    randy andyrandy andy
    The problem is that DNA, as used in police investigations, is far from as conclusive as either CPS or CSI: Miami would like to have you believe. They only look at certain markers, some of which are only as accurate a 1 in 100,000 (so there'll be approximately 600+ matches in the UK alone). Others will often be shared by members of the same family, you have a dodgy cousin, the police might come knocking on your door if the only DNA they have on file is yours.

    In an ideal world the techniques would be infallible and the police incorruptible, but both aren't true, and with league tables making policing a results based industry (who cares about justice, we need more convictions!) then misuse of this sort of data will only increase over time.

    Also, we're lucky enough to live in a fairly open society, but you never know what sort of regime we'll be living under in the future, and what they might do with that data.

    Lastly, what if bank accounts, etc. switched from pin numbers to finger prints, retina scans or DNA? Would you be happy with any police officer and minor civil servant having the potential ability to access all your bank accounts at will?

    The whole "if you don't plan to do anything wrong then you have nothing to worry about" has been proven to be a terrible argument for eroding civil liberties time and time again.
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    SoundAsa£SoundAsa£
    Superb post Andy!
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    scidboxscidbox
    I have a big issue with any records being stored by any third parties. It's not only the legal aspect here but also who else may get their hands on your records.
    In 10 - 20 years you may be paying over the odds for, or not getting health / life insurance because you have certain genes with certain traits.
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    GoonerhaterGoonerhater
    The base principal of British law is innocent until PROVEN guilty  its not  "we will take your DNA just in case you well maybe  might do something in the future". 
    Mines on file and i was not guilty --- i havnt got mine removed through i cant be arsed rather than i should get it off.

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