Wow! I actually agree again with David Pannick in his Times column today. And not just on DNA and the UK’s defence in S and Marper case. I also think his comments on webcasting Supreme Court hearings are bang on. Of course, in this 21st century, the broad public should be able to follow proceedings closely wherever they are, and whenever they like – I’d argue for witten submission to be available online, too.
Pannick fails to explain several things: [1] why the database exists without statutory authority though the right to take samples is covered by statute; [2] why Chief Constables may remove samples; [3] on what basis do the Chief Constables operate when doing [2]; [4] why there is no judicial supervision of the database and [5] why is the Scottish system different (serious crime only and under judicial direction) when we are supposed to be a United Kingdom.
Above all, he fails to explain what safeguards would exist if everyone were on this database. We leave our DNA wherever we go and one’s DNA would only have to found at a crime scene to make one a suspect! Frankly, there are unanswered questions about how yet more miscarriages of justice will be avoided.
Answers are required or this system is not really acceptable to many people.