DNA Retention Powers Extended
By News Scotland

As of 1st January Scotland’s police forces have new powers to retain the DNA of those accused of sexual or violent offences even if they are not convicted. The measures in the Police, Public Order and Criminal Justice (Scotland) Act 2006 provide police with a new proportionate power to assist in the investigation and detection of crime.

At present police are required to destroy the DNA of those accused of sexual or violent offences if a conviction has not been obtained. They will now be able to retain DNA samples for up to three years and apply for an extension if necessary.

Justice Minister Cathy Jamieson said: “Record numbers of police officers supported by record investment and new powers are helping tackle crime and create safer communities throughout Scotland. Already, through our Police, Public Order and Criminal Justice (Scotland) Act 2006, we have given the police powers to crack down on knife crime, sex offenders and football-related
disorder.

“These new DNA provisions, which come into force today, will mean that those accused of sexual or violent offences, even if not convicted, may have their DNA retained for up to three years and potentially longer.

“It represents a sensible balance between those who believe that the police should retain all the DNA that they take and those who argue that police powers to keep DNA should be limited. The focus on violent and sexual offences is proportionate, given the seriousness of those offences.”

Provisions already introduced on September 1, 2006, under the Act include:

  • New measures to tackle knife crime, including doubling the maximum penalty for carrying a knife in public from two to four years, removing current restrictions on police powers of arrest for the offences of carrying a knife in public or in a school and increasing the minimum age for buying a non-domestic knife from 16 to 18
  • Increased police powers to strengthen the monitoring of sex offenders in the community. This will include requiring convicted sex offenders to provide more information about themselves, including providing a DNA sample if this was not given at the time of charge or conviction, and additional powers for the police to enter and search a sex offenders home for the purposes of risk assessment
  • Introduction of football banning orders to tackle football related violence, sectarianism, racism or hatred, at football grounds or other flash points associated with games
  • Giving police the power to require a person to divulge their date and place of birth to help distinguish between people of the same name on the criminal record system
  • Preventing the anti-social use of fireworks by giving police new powers to stop and search
  • Enabling incentive payments to be made to special constables who undertake an agreed number of duties in a 12 month period

As well as the DNA retention measures, other provisions being introduced on January 1, 2007 will:

  • enable the Scottish Police Services Authority and the Police Complaints Commissioner for Scotland to recruit staff and take forward all the necessary preparatory arrangements to take their full powers from April 1, 2007
  • introduce regulations to enable the pilot test areas for mandatory drug testing to be confirmed and to specify the qualifications and experience required by drug assessors who are to be recruited to carry out the tests

Provisions still to come into force in 2007:

  • Strengthened powers for prosecutors and the police to encourage those accused of crimes to give information to them about others involved in serious organised crime, in return for reduced sentences
  • Mandatory drug testing on arrest for anyone aged 16 or over who is suspected of a drugs or drugs-related offence, or other offences including theft. Those who test positive for heroin and/or cocaine will be required to have a drugs assessment. This will initially be implemented on a pilot basis
  • Measures to improve the organisation of marches and parades, and enable local authorities to take account of a wider range of factors, such as the views of the community, when considering notifications for public processions
  • Setting up of a Police Complaints Commissioner to review the handling of non-criminal complaints made about the police
  • Establishment of the new Scottish Police Services Authority which will be directly responsible for providing a range of common services to Scottish police forces on a national basis, including the development of a new national forensic science service
  • Placement of the Scottish Crime and Drug Enforcement Agency (formerly the SDEA) on a statutory footing under the direction of its own Director General, and enabling the SCDEA to directly recruit its own officers