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Ministerial Foreword
As Justice Minister I am committed to doing everything I
can to help the police solve crimes and bring criminals to
justice. We are already working to put more police on the
streets and ensure they have the tools to do their job
effectively. I also want to be sure that the police are
using modern technology and forensic science to their full
potential in the fight against crime.
In 2001, the law was changed in England and Wales to
enable the police there to retain
DNA and fingerprints taken from all
those who were arrested. Previously they could only retain
DNA and fingerprints taken from people
who were convicted. This change has had some significant
results. Since 2001, more than 10,000 offences have been
linked to profiles on the
DNA database which under the previous
legislation would have been deleted. These include 88
murders, 45 attempted murders, 116 rapes, 62 other sexual
offences, 91 aggravated burglaries and 94 offences of the
supply of controlled drugs.
This change in the law has clearly had an impact in
England and Wales. Police in Scotland are now asking for a
similar change to be made here; they believe it would help
them clear up more crimes.
There may be differing perspectives on this issue. On
the one hand, it is important to consider the interests of
everybody in our communities who want crimes solved, the
innocent cleared and perpetrators brought to justice. The
police say (and the evidence from England and Wales agrees)
that the proposals set out in this paper would help that
happen. And no law-abiding citizen should have anything to
fear; as the information would only be used in the
investigation of crimes. On the other hand, I recognise
that some may have doubts about the civil liberty
implications of police retaining prints and samples taken
from people who are not then convicted of an offence. That
is why I want to have a full and open debate on these
proposals to ensure that the decision we take is the right
one for Scotland.
I look forward to engaging in that debate and hearing
your views.
CATHY JAMIESON
MSP
Minister for Justice
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