Ethical questions over police use of DNA
Wed, 1 November 2006
A consultation launched today by the Nuffield Council on Bioethics questions whether current laws allowing police to take, store and analyse the DNA of suspects, witnesses and victims should be revised. The Council's study coincides with the Prime Minister, Tony Blair, advocating no restrictions on the number of DNA profiles held on the National DNA Database.
The police in England and Wales have powers, unrivalled internationally, to take a DNA sample from any arrested individual, without their consent. The DNA profile is then stored on the National DNA Database indefinitely, whether the person is charged or not. The police use the database to search for matches to DNA found at crime scenes. It is predicted that under present laws, 25% of the male population and 7% of the female population will soon be on the database. The Prime Minister has said he wants to see the maximum number of people on the database to help fight crime.
“We want to hear the public's views on whether storing the DNA profiles of victims and suspects who are later not charged or acquitted is justified by the need to fight crime,” said Professor Sir Bob Hepple QC, Chairman of the Nuffield Council on Bioethics. “Certain groups such as young males and ethnic minorities are over-represented on the database, and the Council will be asking whether this potential for bias in law enforcement is acceptable.” A third of black males in England and Wales are on the database.
The UK’s National DNA Database was established in 1995 and is the largest of its type in the world, containing profiles from over three million individuals. DNA evidence significantly increases the chance that a criminal will be identified. For example, the detection rate in domestic burglary is 16 percent when no DNA evidence is available, but 41 percent when a sample is found.
Even though a DNA match must be used with other evidence, the Council will be considering whether DNA can sometimes be given undue weight in court. DNA evidence produces complex statistical probabilities, which tend to be simplified for juries, and their true meaning may not be fully understood.
“If DNA found at a crime scene is not on the database, the police can search for profiles of family members,” said Professor Hepple. “Sometimes family relationships can be revealed, such as an unknown father. Whether the police should be intruding into the privacy of families in this way needs to be addressed.”
Victims and witnesses, including children, are often asked to volunteer a DNA sample to help the police in their inquiries. As they may feel pressured to comply so as not to raise suspicion, the ‘voluntary’ nature of giving samples in this way is debatable. Some also question whether children should be in the database at all. In December 2005, there were over 24,000 under 18s on the database who had not been charged or cautioned for any offence.
The Council will be asking who other than the police should have access to the database. Scientists have begun to be granted permission to use the database for research related to crime prevention. For example, a current study is considering whether ethnic origin can be determined from DNA.
In March 2005, the House of Commons Select Committee on Science and Technology highlighted that the views of the public on the storage of DNA were not well known.
The Nuffield Council has established a Working Group, which includes members with expertise in law, genetics, philosophy and social science, to examine the ethical issues surrounding the forensic use of bioinformation. To inform discussions, the Group has today launched a consultation to encourage members of the public, professionals and organisations to submit their views on the issues raised. The closing date for responses is 30th January 2007. A Discussion Paper setting out the Group’s findings will be published in autumn 2007.
For further information contact:
Catherine Joynson
Communications & External Affairs Manager
Nuffield Council on Bioethics
28 Bedford Square
London WC1B 3JS
Tel: +44 (0)20 7681 9619
Fax: +44 (0)20 7637 1712
Email: cjoynson@nuffieldbioethics.org
Notes to editors
1. Media Briefing
What? Launch of Working Group and consultation: Ethical questions over forensic use of DNA
When? 10.30 am Tuesday 31st October
(under strict embargo until 00.01 am Wednesday 1st November)
Where? Science Media Centre, 21 Albemarle St, W1S 4BS
The police in England and Wales have powers, unrivalled internationally, to take a DNA sample from any arrested individual, without their consent. The DNA profile is then stored on the National DNA Database indefinitely, whether the person is charged of the offence or not. The police use the database to search for matches to DNA found at crime scenes. This raises a number of issues, including:
- a person on the database may be at an increased risk of being suspected of the crime;
- familial searching of the database can reveal relationships, such as an unknown father;
- DNA evidence may be given undue weight in court; and
- scientists can gain access to the database for research related to crime prevention.
The Prime Minister, Tony Blair, last week dismissed these concerns and commented that there shouldn’t be any restrictions on the number of people on the database.
The Nuffield Council on Bioethics will be launching a new Working Group and public consultation to consider whether current laws in this area need revision. Members of the Working Group will brief the media, at the Science Media Centre, in advance of the public launch. The speakers will be:
Professor Sir Bob Hepple QC
Chair of Working Group; Emeritus Master of Clare College and Emeritus Professor of Law, University of Cambridge; and Chairman of the Nuffield Council on Bioethics
Dr Bronwyn Parry
Lecturer, Queen Mary University of London
Dr Carole McCartney
Project Manager of Working Group; and Lecturer in Criminal Law, University of Leeds
To attend the briefing, for more information, or to arrange an interview after the briefing please contact: Catherine Joynson, Tel: 020 7681 9619, Email: cjoynson@nuffieldbioethics.org
2. About the Council
The Nuffield Council on Bioethics is an independent body which examines the ethical issues raised by developments in medicine and biology. Established in 1991, it is funded by The Nuffield Foundation, the Medical Research Council and The Wellcome Trust. www.nuffieldbioethics.org
3. Members of the Working Party
Professor Sir Bob Hepple QC FBA (Chair)
Emeritus Master of Clare College and Emeritus Professor of Law, University of Cambridge; Chairman of the Nuffield Council on Bioethics
Mr Graham Cooke
Barrister
Professor Søren Holm
Member of the Council; Professorial Fellow in Bioethics, Cardiff Law School and part-time Professor of Medical Ethics, University of Oslo, Norway
Professor Graeme Laurie
Co-Director, AHRB Centre for Research into Intellectual Property and Technology, School of Law, University of Edinburgh
Dr Bronwyn Parry
Lecturer, Queen Mary University of London
Professor Andrew Read
Chair of Human Genetics, University of Manchester
Mr Robin Williams
Reader in Sociology, School of Applied Social Sciences, University of Durham
Project Manager:
Dr Carole McCartney
Lecturer in Criminal Law, University of Leeds
4. Terms of Reference
1 To identify and consider the ethical, social and legal issues raised by current and potential future uses of bioinformation for forensic purposes.
2 To consider, in particular:
a) the interpretation of the information;
b) the collection, storage and retention of profiles and samples;
c) use of forensic databases for the identification of blood-related, deceased and missing persons;
d) issues of informed consent, privacy and confidentiality in the light of data protection and human rights legislation;
e) arguments for and against population-wide forensic databases;
f) access to and use of forensic databases for purposes of research;
g) admissibility and use of bioinformation in criminal proceedings;
h) sharing of bioinformation for forensic purposes across international boundaries;
i) use for forensic purposes of bioinformation collected for non-forensic purposes; and
j) governance of research conducted by or for forensic laboratories.
3 To identify the ethical and legal principles and procedures which should govern the forensic use of bioinformation, and to make recommendations.
Last Updated Wed, 1 November 2006