placeholder image

The European court of human rights ruling against the policy of keeping fingerprints and DNA samples of criminal suspects in Britain, Wales and Northern Ireland: the case of S. and Marper v United Kingdom

Conference Paper


Download full-text (Open Access)

Abstract


  • In England, Wales and Northern Ireland, the Police and Criminal Evidence Act 1984

    (the PACE) contained powers for the taking of fingerprints, and samples in the form of

    deoxyribonucleic acid (DNA). In 2001, Section 64(1A) of the PACE was substituted with

    Section 82 of the Criminal Justice and Police Act. The change to legislation meant that a

    suspect of a crime would have their fingerprints and samples permanently stored on the

    police national computer (PNC) even after having been acquitted. This paper critically

    analyses the circumstances of the landmark case of S. AND MARPER V. THE UNITED

    KINGDOM in two different contexts (i) within relevant domestic law and materials; and (ii)

    within relevant national and international materials. A comparison is made between the

    rejection of the application to the Administrative Court on 22 March 2002, a subsequent

    decision to uphold this ruling by the Court of Appeal on 12 September 2002, and a further

    dismissal of an appeal by the applicants in the House of Lords on 22 July 2004. This

    is in direct contrast with a later ruling by the European Court of Human Rights (ECHR)

    that was made on 27 February 2008 which in effect rendered Section 82 of the Criminal

    Justice and Police Act to be in breach of human rights. In closing, the paper considers

    the reforms instituted by the United Kingdom thus far in response to the ECHR ruling,

    and their implications on the European Union (EU) at large with respect to elements of

    the Prüm Treaty.

Publication Date


  • 2010

Citation


  • Michael, K. (2010). The European court of human rights ruling against the policy of keeping fingerprints and DNA samples of criminal suspects in Britain, Wales and Northern Ireland: the case of S. and Marper v United Kingdom. In S. Bronitt, C. Harfield & K. Michael (Eds.), The Social Implications of Covert Policing (pp. 131-155). Wollongong, Australia: University of Wollongong Press.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=10893&context=infopapers

Ro Metadata Url


  • http://ro.uow.edu.au/infopapers/3557

Start Page


  • 131

End Page


  • 155

Place Of Publication


  • Wollongong, Australia

Abstract


  • In England, Wales and Northern Ireland, the Police and Criminal Evidence Act 1984

    (the PACE) contained powers for the taking of fingerprints, and samples in the form of

    deoxyribonucleic acid (DNA). In 2001, Section 64(1A) of the PACE was substituted with

    Section 82 of the Criminal Justice and Police Act. The change to legislation meant that a

    suspect of a crime would have their fingerprints and samples permanently stored on the

    police national computer (PNC) even after having been acquitted. This paper critically

    analyses the circumstances of the landmark case of S. AND MARPER V. THE UNITED

    KINGDOM in two different contexts (i) within relevant domestic law and materials; and (ii)

    within relevant national and international materials. A comparison is made between the

    rejection of the application to the Administrative Court on 22 March 2002, a subsequent

    decision to uphold this ruling by the Court of Appeal on 12 September 2002, and a further

    dismissal of an appeal by the applicants in the House of Lords on 22 July 2004. This

    is in direct contrast with a later ruling by the European Court of Human Rights (ECHR)

    that was made on 27 February 2008 which in effect rendered Section 82 of the Criminal

    Justice and Police Act to be in breach of human rights. In closing, the paper considers

    the reforms instituted by the United Kingdom thus far in response to the ECHR ruling,

    and their implications on the European Union (EU) at large with respect to elements of

    the Prüm Treaty.

Publication Date


  • 2010

Citation


  • Michael, K. (2010). The European court of human rights ruling against the policy of keeping fingerprints and DNA samples of criminal suspects in Britain, Wales and Northern Ireland: the case of S. and Marper v United Kingdom. In S. Bronitt, C. Harfield & K. Michael (Eds.), The Social Implications of Covert Policing (pp. 131-155). Wollongong, Australia: University of Wollongong Press.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=10893&context=infopapers

Ro Metadata Url


  • http://ro.uow.edu.au/infopapers/3557

Start Page


  • 131

End Page


  • 155

Place Of Publication


  • Wollongong, Australia