The Department of Justice (DoJ) is launching a public
consultation on proposals for a review mechanism relating to the
new DNA and fingerprints retention framework for Northern
Ireland.
The Consultation on the Review Mechanism for the DNA and
Fingerprint Retention framework (Part 6 of the Police and
Criminal Evidence (NI) Order 1989) (PACE NI) will run for a
period of 12 weeks.
PACE NI provides the legal basis for the Police Service of
Northern Ireland (PSNI) to take, retain and delete DNA and
fingerprints.
Justice Minister explained: Legislative proposals
for a new DNA and fingerprint retention framework for Northern
Ireland are contained in the Justice Bill, which is currently
completing its final stages in the Northern Ireland Assembly.
The new framework replaces existing indefinite retention
arrangements with maximum retention periods (75/50/25 years)
based on the nature and seriousness of the offence, the age of
the person concerned, criminal history, and whether the person is
convicted or not convicted.
In addition to the introduction of maximum retention periods, the
legislation will introduce a review process requiring the PSNI to
consider whether there is still a need to retain an individual's
DNA profiles and fingerprints part-way through the maximum
retention period.
This review process will provide an important safeguard within
the new framework, helping to ensure that DNA profiles and
fingerprints are not kept for longer than necessary.
I would encourage anyone with an interest in these proposals to
take part in the consultation and share their views, which will
help inform the final arrangements for the review mechanism."
The consultation document outlining the Department's proposals
for a review mechanism is available to view or download from the
consultation link on the DoJ's website:
A consultation on the Review
Mechanism for the DNA and Fingerprint Retention Framework (Part 6
of the Police and Criminal Evidence (NI) Order 1989) | Department
of Justice
The consultation should be completed using the Citizen Space
platform at the following link: https://consultations.nidirect.gov.uk/doj/review-mechanism
Responses must be received no later than midnight on 3 February
2027.
Notes to editors:
1. The new retention framework aims to support the prevention and
detection of crime, whilst also maintaining compliance with the
European Court of Human Rights judgments in the cases of S
and Marper v UK and Gaughran v UK.
2. The DoJ has developed suitable review mechanism proposals to
ensure that long-term retained DNA profiles and fingerprints are
subject to a scheduled review part-way through a maximum
retention period.
3. Following appointment, the Northern Ireland Biometrics
Commissioner will provide independent oversight of the new DNA
and fingerprints retention framework for Northern Ireland,
including the operation of the review mechanism.
4. The legislative provisions for the new retention framework
contained within the Justice Bill are available at the following
link:
https://www.niassembly.gov.uk/assembly-business/legislation/2022-2027-mandate/primary-legislation-bills-22-27-mandate/justice-bill/bill---as-amended-at-consideration-stage/
