Deletion of DNA records and PNC Information | Kangs Solicitors
Kangs Solicitors has been instructed to represent a law graduate in making an application to have his biometric data and PNC information removed from all police databases in accordance with the Record Deletion Process (RDP).
What is the Record Deletion Process? | Kangs Record Deletion Advisory Solicitors
RDP is the process by which an individual can apply to have their biometric information and/or PNC records deleted from national police systems, provided the grounds for doing so have been examined by the Chief Officer.
Key Legal Principles | Kangs Record Deletion Solicitors
Police powers to take and retain DNA samples and fingerprints are set out in the Police and Criminal Evidence Act 1984, although there have been changes introduced through the Protection of Freedoms Act 2012.
An individual may apply to have lawfully retained biometric information deleted earlier than the specified periods in PACE if that person:
- has no previous convictions and the biometric information is held as a result of being arrested and charged with a qualifying offence but not subsequently convicted; or
- has no previous convictions and the biometric information is held due to a penalty notice for disorder
Examples of the grounds that a Chief Officer is obliged to consider include:
- DNA and fingerprints having been taken unlawfully
- Mistaken identity
- No crime
- Malicious/false allegation
- Proven alibi
- Incorrect disposal
- Suspect status not clear at the time of arrest
- Judicial recommendation
- Another person having been convicted of the offence
- Public interest
The list is indicative and not prescriptive, thus allowing Chief Officers to exercise professional judgment in deciding whether early deletion is reasonable, based on all the information available.
Whilst there is no obligation for Chief Officers to delete legally retained records, they must have regard to certain statutory frameworks and guidance.
Eligibility for Police Record Deletion | Kangs Police Record Deletion Team
An individual:
- convicted by a court cannot apply to have records deleted as Chief Officers cannot overrule convictions,
- against whom an investigation or court proceedings are ongoing cannot apply to have records deleted.
- arrested, but not convicted, of a minor offence will have the biometric data automatically deleted.
- arrested, but not charged, with a qualifying offence will have the biometric data automatically deleted.
- charged with a qualifying offence, but not convicted, can apply to have their biometric data deleted early, although this can be lawfully retained for three years.
A Chief Officer, in certain circumstances, can apply to the Court for an extension to retain biometric information beyond the statutory time frame.
Circumstances of Current Case | Kangs RDP Appeal Solicitors
Kangs Regulatory Team has been instructed by a client who, in 2017, was charged and convicted of a qualifying offence following a Crown Court trial.
In July 2018, the Court of Appeal quashed his conviction with the result that he had no ongoing criminal conviction.
Notwithstanding the original conviction having been quashed, PACE allows for biometric data to be lawfully retained for three years.
The application to the Chief Officer for early deletion will request him to exercise his discretion and to authorise early deletion.
How We Can Help | Kangs Solicitors for Police Records Deletion
This area of law is extremely complicated with different rules applying according to the circumstances.
If affected, it is essential that experienced advice is obtained from someone who can guide you through the process and provide clear practical advice on whether you meet the eligibility requirements to apply.
If you are seeking early deletion of your biometric and/or PNC information, then please contact our team through:
Helen Holder
hholder@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888 | 07989 521210
