Liberal Democrat Justice spokesperson Robert Brown MSP has revealed that a shocking number of children's DNA profiles are potentially being held illegally on the Scottish DNA Database.
Answers to Parliamentary Questions lodged by Mr Brown show that 82.3 per cent (5,110 out of a total of 6,211) of DNA profiles held for 16 and 17 year olds are being held for pending cases. For children under the age of 16 this number rises to 95.6 per cent (1,443 out of a total of 1,509) of the total for this age bracket.
This means that either there is a huge backlog of children's cases
awaiting trial or that these samples are being held in breach of Section 18 of the Criminal Procedure (Scotland) Act.
Commenting, Mr Brown said:
"These figures are deeply worrying. They show that 85 per cent of DNA
samples taken from children are being held for cases pending.
"Either there is a huge backlog of cases waiting to go to court or DNA
profiles are being kept longer than they are supposed to be. This would be a gross invasion on our children's civil liberties.
"Ministers must deal with this issue urgently. It would be unacceptable if cases involving charges against children are being excessively delayed - but also unacceptable if DNA profiles are being held when they should not be. We must know if the civil liberties of children in Scotland are being unknowingly infringed.
"I will be lodging further questions on this issue as a matter of urgency. It is unacceptable for the DNA of children to be retained unless for reasons of overwhelming public safety."
Ends.
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