THE DEPUTY chief constable of Tayside Police last night called for new Scottish powers to allow an individual’s DNA sample to be retained on a national database when they have not been convicted of a crime.

Ian Gordon, the Association of Chief Police Officers Scotland (ACPOS) spokesman on DNA, said the retention of such genetic profiles in England and Wales had subsequently led to the detection of more than 6000 crimes, including 53 murders.

The human rights implications of keeping an innocent person’s DNA on a national database was brought before the House of Lords in the test case of Marper versus Chief Constable of South Yorkshire Police in 2002.

The Lords ruled the practice was not a breach of human rights and the case is now being cited by ACPOS in support of its bid for new legislation in Scotland.

Any change to the law would come under a new police bill that the Scottish Executive has out for consultation. The bill is expected to be brought before parliament next year.

Mr Gordon said ACPOS was looking to “standardise” Scottish legislation with other parts of the UK where the retention of DNA profiles of non-convicted individuals was a matter of course.

DNA profiling was one of the most effective tools available to police and he said the benefits of retention of samples outweighed any downsides.

Scotland’s eight police forces currently draw upon a national DNA database that is held in Dundee. The service has received numerous plaudits and has been instrumental in the detection of a number of high-profile criminal cases in recent years.

It is thought a move to retain every DNA sample taken by police across Scotland could see the number of profiles on the database grow by some 20,000 a year.

Mr Gordon said, “In England and Wales all criminal justice samples taken are kept whether that person is convicted or not in court. In Scotland at the moment that is not the case. If a person is not convicted then their DNA profile has to be removed.”

He continued, “We cannot crystal ball gaze and see who will come to notice later in terms of criminal activity…On balance, is it better that non-convicted profiles are removed from a database where they are doing no harm or is it better that 6000 offences, including 53 murders, have been cleared up?

“These are key issues for people in terms of reassurance—that people who are committing these crimes are not only caught but successfully prosecuted before a court of justice.”