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DNA and Fingerprint Provisions

Protection of Freedoms Act 2012: DNA and fingerprint provisions was introduced in October 2013 to cover the retention of DNA and fingerprints where it was ruled in the European Court in the case of S and Marper v UK that the blanket retention of DNA profiles taken from innocent people posed a disproportionate interference with the right to private life.

The protection of Freedoms Act strikes a balance between protecting the freedoms of those who are innocent of any offence whilst ensuring that the police continue to have the capability to protect the public and bring criminals to justice. 

A DNA sample is an individual’s biological material, containing all of their genetic information. The act requires all DNA samples to be destroyed within 6 months of being taken. This allows sufficient time for the sample to be analysed. The only exception to this is if the sample is required for use as evidence in court, in which case it may be retained for the duration of the proceedings.

Fingerprints are usually scanned electronically from the individual in custody and the images stored on IDENT1, the national fingerprint database.

For Scotland, the legal acquisition, retention, weeding and use of DNA and Fingerprint data is outlined in Sections 18 to 19C of the Criminal Procedure (Scotland) Act 1995 - https://www.legislation.gov.uk/ukpga/1995/46/part/II/crossheading/prints-and-samples

Published 01/01/2019
Authoring body: Home Office
Policy
Resource
Retention, Storage and Destruction of Materials and Records relating to Forensic Examination

The purpose of this document is to provide guidance on the retention, storage and destruction of forensic materials and their associated records retained by physical and digital Forensic Units.

Published 01/06/2021
Authoring body: National Police Chiefs Council (NPCC)
Guidance
Resource
Biometric Standards and Exchange Requirements for Home Office Partners and their Suppliers v3.04

The purpose of this document is to provide details of the biometric interchange and image standards that must be adhered to by Partner1 organisations and their Suppliers that need to communicate with the back end biometric matching systems governed by the Home Office Biometrics (HOB) programme. (Note that the current HOB systems covered in this document are the HOB Biometric Services Gateway (BSG), Home Office “Immigration and Asylum Biometric System” (IABS) and national police fingerprint system, “IDENT1”.)
The document is divided into five parts as follows:
1) The Home Office biometric exchange format – “HONE-1”
2) Biometric recording and image standards, mandatory
3) Biometric recording and image standards, conditional
4) Biographic data, general
5) Appendices

Published 01/07/2017
Authoring body: Home Office
Standards
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ISO 17020:2012 Requirements for the operation of various types of bodies performing inspection (Crime Scene Investigation)

ISO 17020:2012 specifies requirements for the competence of bodies (including police forces) performing inspection and for the impartiality and consistency of their inspection activities, this specifically relates to forensic practitioners conducting examinations at scenes of crime.

Published 01/04/2012
Authoring body: International Standards Organisation (ISO)
Standards
Resource
Forensic Science Regulator Information Legal Obligations (Issue 8)

The role of the forensic science regulator is to advise the Government and the criminal justice system on quality standards in the provision of forensic science. Recommend new requirements for new and improved standards and providing advice and guidance so that providers will be able to demonstrate compliance with common standards, in procurement and in courts 


A key requirement of any standards framework in forensic science is that the output meets the requirements of the Criminal Justice System (CJS). 
 This document sets out the view of the Regulator as to the legal landscape within which forensic scientists operate within the CJS. 


There are legal obligations placed on expert witnesses as sources in the Criminal Justice System in England and Wales as Expert evidence is admissible “to furnish the court with scientific information which is likely to be outside the experience and the knowledge of a judge or jury”. This places the expert witness in a privileged position.

It is important to note that expert evidence can only be given by a person who is an expert in the relevant field. An expert witness must provide the court with objective, unbiased opinion on 
matters within his expertise 
Witnesses must act with honesty and good faith. 


Published 30/04/2020
Authoring body: Forensic Science Regulator (FSR)
Standards
Resource
IDENT1

This document should be used in reference to the appropriate legislation, such as the Protection of Freedoms Act 2012: DNA & Fingerprint Provisions

IDENT1 is the UK’s nationals automated fingerprint system that provides biometric series for the police force and law enforcement agencies covering England, Scotland and Wales.

IDENT1 was introduced in 2004 and replaced the National Automated Fingerprint Identification System (NAFIS) of England and Wales, as well as the electronic fingerprint identification system used by the Scottish police forces. It was developed by Northrop Grumman with the use of advanced biometric identification technology.

IDENT1 enables the forces to search and compare fingerprints and crime scene marks in a single database, providing a unified collection of finger and palm prints.

The datasets that consist in within IDENT1 are the following:

  • Colour Type

  • Fingerprint Bureau Code Type

  • Fingerprint Owners sex Type

  • Fingerprint Status Type

  • Force Code Type

  • Force Station Coe Type

  • IDENT Offence Code Type

  • Jurisdiction Type

By using efficient algorithms and technology, IDENT1 is able to deliver a high degree of search accuracy and performance for the fingerprint officers (FPOs) and police officers by taking advantage of Biometric fusion technology.

Published 01/01/2019
Authoring body: Home Office
Reference Data / Templates
Resource
National Digital and Physical Evidence Retention Guidance

This document seeks to provide clarity and national guidance on the retention of both physical and digital evidence in order to provide policing with a framework to support a comprehensive physical and digital storage strategy.

There are a vast number of legislative sources to help determine how to manage and retain evidence, further compounded by confusion around records managed under Management of Police Information (MoPI) and physical evidence principally managed under the Criminal Procedure and Investigations Act (CPIA) and Police and Criminal Evidence Act (PACE). This document seeks to provide clarity on the difference between these two distinct areas of business as well as provide more general guidance.

Published 01/02/2021
Authoring body: National Police Chiefs Council (NPCC)
Guidance
Resource
UKAS Guidance on the Application of ISO/IEC 17025 Dealing with Expressions of Opinions and Interpretations 2017

Laboratories within the UK who wish to demonstrate that they operate to a quality system, are technically competent and are able to generate technically valid results must now meet the ISO/IEC 17025 requirements. This has now become the standard that UKAS now to assess a laboratory’s competence for the purposes of accreditation.

The purpose of this document is to set down United Kingdom Accreditation Service (UKAS) policy, process and guidance on assessment and accreditation of laboratories 

The difference in this policy set out is that laboratories UKAS policy that laboratory accreditation to ISO/IEC 17025 can now include the expression of opinions and interpretation of test/calibration results in reports as it is considered to be an inherent part of testing. Whereas before this was not permitted.

The laboratory’s documented quality system must reflect whether it is expressing opinions and interpretations and if so, for which activities. The process of interpreting test/calibration results for the purpose of expressing opinions and interpretations must be documented. 

 

Published 01/01/2019
Authoring body: United Kingdom Accreditation Service (UKAS)
Policy
Resource
Extraction of material from digital devices APP

This document sets out the obligations on the police under the Data Protection Act 2018 and how these interact with other relevant legislation and case law. It provides police officers and staff with a set of principles to inform how they obtain digital devices – most often mobile phones but also laptops and other computers – from victims, witnesses and suspects for the purpose of an investigation and how they then extract the digital material from those devices. It will also help the public understand the responsibilities of the police when gathering evidence, obtaining devices and accessing the material held on them.

Published 01/05/2021
Authoring body: College of Policing (CoP)
Principles
Resource
ISO 17025:2017 General requirements for the competence of testing and calibration laboratories

ISO (the International Organisation for Standardisation) and IEC (the International Electrotechnical Commission) form the specialised system for worldwide standardisation. BSI provide the documentation and appropriate licensing.

This standard is used to confirm or recognize the competence, impartiality and consistent operation of laboratories. It applies to all organizations performing tests and/or calibrations, including first, second and third-party laboratories.

Who is this standard for?

  • Laboratories where testing and/or calibration is part of inspection or product certification
  • Laboratory customers
  • Testing organizations
  • Regulatory authorities
  • Accreditation bodies
  • Organizations and schemes using peer assessment

Why should you use this standard?

It specifies general requirements for the competence, impartiality and consistent operation of laboratories. It looks at all of the requirements that testing and calibration laboratories and testing organizations have to meet to prove that they operate a quality system; are technically competent; and can generate technically valid results. It applies to all organizations performing laboratory activities, regardless of the number of personnel.  

What’s changed since the last update?

This standard had not been revised since 2005. This technical revision cancels and supersedes the previous edition and has made three main changes:

  1. A definition of “laboratory” has been added
  2. Risk-based thinking has been applied, enabling some prescriptive requirements to be replaced by performance-based requirements 
  3. There is greater flexibility in the requirements for processes, procedures, documented information and organizational responsibilities
Published 01/01/2017
Authoring body: International Standards Organisation (ISO)
Standards