USE OF DNA
181. In 1999 the Prime Minister announced a programme
to expand the National DNA Database. The aim was to enable the
police to take a DNA sample from all current known active offenders
by April 2004. In the four years from April 2000, the DNA Expansion
Programme provided £183 million to police forces. At the
end of March 2004, the Database held 2.5 million DNA profiles
taken from suspect offenders, which the Home Office describes
as being "the great majority of known active UK offenders".[199]
182. In 2002-03 there were nearly 50,000 'offender-to-scene'
matches, and over 21,000 'DNA detections' (detected crimes in
which a DNA match is available), an increase of 145% over the
figure for 1999-2000. DNA matches have had an impact on detection
rates:
- while the overall detection
rate for all crime is 24%, this rises to 38% where DNA has been
successfully recovered from a crime scene; and
- the detection rate for domestic burglary rises
from 14% to 48% where crime-scene DNA is put on the database.[200]
183. The number of profiles on the Database is projected
to increase to 370,000 in 2007. This takes account of likely extra
growth attributable to the new power (in the Criminal Justice
Act 2003) to take DNA samples immediately after arrest.[201]
184. The Home Office told us that:
"the UK is currently the world leader in
the law enforcement use of DNA, having a database which not only
holds the largest number of DNA profiles in absolute numbers,
but which also represents by far the largest proportion of the
population.[202]
185. At present, DNA, fingeprints and other scientific
process are used independently. The Home Office Forensic Integration
Strategy is intended to achieve full integration of all forms
of forensic evidence by March 2008. It is claimed that "such
integration will raise the level of detections in a highly cost-effective
manner" and will be a "step-change" in the use
of forensic science.[203]
186. Two reports from HMICUnder the Microscope
(July 2000) and Under the Microscope Refocused (June 2002)criticised
the effectiveness of police use of DNA. The 2002 report found
that though good progress had been made in some areas, police
processes and management were still proving too slow to adapt
to the possibilities being opened up by DNA technology.
187. The report stated that: "concern has been
expressed from a number of quarters that inept interview techniques
and the inappropriate disclosure of evidence to defence representatives
prior to interviews may be one explanation for a high number of
legitimate access outcomes". The report also concluded that
"many forces still have a great deal of difficulty in managing
the process of turning identifications into detections, and this
is rooted in a paucity of quality performance information".
188. The report found that there was also an emerging
problem with multiple identities appearing on the National DNA
Database, i.e. the same individual's DNA linked to several names.
The report called for greater checking to limit the recording
of DNA under several alias, false or misspelt names.
189. It was reported in the press in September 2004
that Professor Sir Alec Jeffreys, of the Department of Genetics
at Leicester University, had called for police DNA databases to
hold more information to lessen the chances of a false positive.[204]
190. We raised Sir Alec's reported criticisms of
police use of DNA with the Director of Forensic Services in the
Metropolitan Police, Mr Gary Pugh. In response Mr Pugh commented
that:
"I think Sir Alec Jeffreys was referring
to the fact that we do not actually analyse the whole DNA molecule,
we use a method in the UK and world-wide which looks at different
sites of the molecule. Therefore, if you like, from a scientific
perspective it is possible that the DNA profile for one individual
could be the same as another. That is a remote possibility given
that the statistics involve around one in a billion in terms of
the likelihood of that. The safeguards around that, I think, are
through the fact that the DNA profiling method in the UK is thoroughly
tested in the courts, and in fact there is considerable guidance
about how it is to be used and how that information is put before
juries. In addition to that, we have a custodial role for the
National DNA Database which not only ACPO and the Home Office
participate in but the Human Genetics Commission as well. So I
think there is significant oversight on the use of DNA profiling,
and certainly from my professional perspective public confidence
in DNA is key to its continued usage."
191. The President of ACPO, Mr Chris Fox, told us:
"On the DNA front,
I think we have
made a lot of progress. We do have some problems where we have
duplicate samples. That might sound like inefficiency but, in
essence, what it means is that criminals tell lies and when we
arrest them they give us different names and details and we take
another sample because on our record system they are recorded
in their other name. So we then have two of the same samples with
different names and it takes a little while to unscramble that.
There is that confusion. Our scenes-of-crime staff and our frontline
officers are getting much sharper about where to look
for
a successful identification. This is a good story and it is producing
not just the high-profile hits that we see but day-to-day hits
on all sorts of incidents, from street assaults to burglaries."[205]
192. There is great potential for increasing the
effective use of DNA by the police. As HMIC has demonstrated,
there remains unacceptable variation in the adoption of DNA technology
by individual forces. The Home Office and ACPO should push for
more rapid progress on the part of under-performing forces.
193. We note the concerns expressed by Sir Alec
Jeffreys in relation to police use of DNA and recommend that,
as a precautionary measure, the Home Office should consider whether
changes in practice are necessary to deal with the potential problem
of multiple identities. The Home Office should report to us the
conclusions of this review.
194. We welcome the Forensic Integration Strategy,
aimed at integrating all forms of forensic evidence by 2008. We
recommend that in its reply to this report the Home Office should
supply us with an update on progress in implementing the Strategy.
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