DNA samples: When you have to give a sample
How long DNA profiles and samples can be kept for
Criminal Investigations (Bodily Samples) Act 1995, ss 60–63
This section explains what happens to DNA information (“profiles”) and samples taken by the police and how long they can be kept for.
Samples taken from suspects with their consent or by court order
The following explains what happens to your sample and records, including your DNA profile, if the sample was taken with your consent or under a court order while you were a suspect in a police investigation if:
- you’re not charged, the police have to destroy the sample and records two years after the date the sample was taken, unless a judge allows a longer time.
- you’re charged but the police withdraw the charge or you’re found not guilty, the sample and records must be destroyed as soon as practicable.
- you’re convicted, what happens depends on the type of offence:
- If you’re convicted of an imprisonable offence, your DNA profile and other records can be kept forever (although the sample that was taken from you must be destroyed as soon as possible after the time allowed for you to appeal your conviction has passed).
- If the conviction isn’t for an imprisonable offence, the sample and records must be destroyed as soon as possible after the time allowed for you to appeal your conviction has passed.
Samples required by the police while you were under arrest or about to be charged
The following explains what happens to your sample and DNA profile if the sample was taken by the police because they had arrested you for an imprisonable offence or because they intended to charge you with an imprisonable offence. In all cases the sample itself has to be destroyed as soon as practicable after a DNA profile is obtained from it.
As for the DNA profile and other records, the following rules apply:
- if you’re not charged with the offence, the records must be destroyed two months after the sample was taken
- if you’re charged but the police withdraw the charge or you’re found not guilty, the records must be destroyed as soon as practicable
- if you’re convicted of the offence, the records can be kept indefinitely.
Samples collected for the databank by consent or under a compulsion notice
If you agreed to give a sample for storage in the DNA databank, then at any stage you can write to the police to have your DNA profile taken off the databank.
If you gave a sample for the DNA databank under a compulsion notice after being convicted of an imprisonable offence, your DNA profile will be held in the databank indefinitely.
DNA samples taken from young people
Criminal Investigations (Bodily Samples) Act 1995, ss 60–63
There are special time limits for keeping DNA profiles obtained from young people (aged 17 and under). These time limits are:
- where the DNA test results do not confirm the young person’s involvement in the offence, the DNA profile must be destroyed as soon as practicable;
- where the DNA test results confirm the young person’s involvement in the offence, but an application was not made for a care or protection order, the DNA profile must be destroyed within 60 days of the police receiving the results; and
- where the DNA test results confirm the young person’s involvement in the offence, and an application has been made for a care or protection order, the DNA profile must be destroyed as soon as practicable after a decision is made by the Family Court in relation to that application.
