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 require our client to attend at a police station (under threat of arrest if he declined to do so) to have a non-intimate sample (eg a mouth-swab) taken without his consent.
Our client challenges the requirement to attend the police station and the decision that his DNA sample will be taken without his consent.
We have secured a High Court injunction, preventing the police from arresting our client in relation to his refusal to provide a mouth swab until such time as his case is determined by the Court.
Further details in relation to this case will follow.
Further details available on our website