"Operation Nutmeg" Archives -
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High Court gives judgment in Operation Nutmeg Test Case

The High Court this morning handed down its judgment in the test case of R v A Chief Constable [2013] EWHC 2864 (Admin) challenging operation nutmeg. Bhatia Best represent a number of individuals challenging the lawfulness of approaches by the police  to request DNA samples from ex-offenders decades after their offences were committed. The Police and Criminal Evidence Act as amended by the Crime and Security Act 2010 gives the police a power and therefore a discretion to ask ex-offenders for ‘non intimate swab samples’ to be checked against DNA samples held by the police and retain the sample for the purposes of crime detection and prevention. R’s case was brought on two grounds; 1) The Police had acted unlawfully in requiring R to attend a police station within...

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Challenge to Operation Nutmeg

Police forces in England and Wales have begun a large-scale operation, code named Operation Nutmeg to collect DNA samples from approximately 12,000 offenders who are not on the national DNA database. This is largely due to the age of the individual’s convictions. The majority of the people that have been highlighted by this operation will have criminal convictions prior to 1994, before DNA sampling came into force and as such, the individuals DNA samples are not on the national database. Bhatia Best were approached by an individual who had been asked by the police to provide a DNA sample in light of Operation Nutmeg, for two offences dating back some 35 years. The police had attempted to exercise powers to...

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