THE DNA EXPANSION PROGRAMME AND CRIMINAL INVESTIGATION

Author(s): Carole McCartney

Source: The British Journal of Criminology, Vol. 46, No. 2 (MARCH 2006), pp. 175-192
Published by: Oxford University Press
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BRIT. J. CRIMINOL.
46, 175-192
(2006)
Advance
Access publication
25 October
2005

doi:10.1093/bjc/azi094

THE

DNA EXPANSION
PROGRAMME
INVESTIGATION
Carole

AND

CRIMINAL

McCartney*

DNA

evidence is a powerful investigative tool, able to incriminate as well as exculpate. Yet,

increasingly common portrayals of DNA as being able to solve crimes almost instantaneously, bey
ond

any

even

doubt,

from

the grave',

'beyond

overstate

may

the degree

to which

DNA

currently

assists in criminal investigations. Strong government support, and financial investment in the
DNA Expansion Programme, have been bolstered by repeated legislative extensions ofpolice powers
to obtain and retain DNA samples. Despite this, DNA evidence remains marginal in terms of
assisting with overall criminal detections and experts now suggest that the massive National DNA
Database expansion has not resulted in the improvement in detection rates originally anticipated.
This paper also suggests potential concerns over the 'tactical' use of DNA evidence during suspect
interviews, and the risk of abbreviated police investigations. Insufficiently forensically aware'
police officersmay resort to DNA evidence in lieu of proper detective work, with literature on 'case
'
construction informing analysis of potential pitfalls of early reliance on DNA results, which may
'
increase the risk 'tunnel vision in criminal investigations.

Portrayals of the infallibility of DNA and its unrivalled ability to 'solve' crime have led
effort and financial investment in significantly increasing the forensic
to determined
use

of

DNA.

Indeed,

one

of

the

National

DNA

Database

(NDNAD)

'strategic

objec

tives' is stated as being to demonstrate value for money from the database, especially in
crime detection and, through this, crime reduction (NDNAD
2003/04: 3). The 'Forensic
the
Home
Office
also
aims
to
'achieve
a step change in the
from
Integration Strategy'
impact

of

nology,

including

science

forensic

on

police

in

performance

order

to

make

major

contribu

tions to crime reduction and closing the justice gap' (Home Office 2004a: 18). This was
which stated that the police
reinforced in the Home Office Strategic Plan 2004-08,
detection rate will be raised 'by improving police effectiveness and deploying new tech
enhanced

DNA

testing

...

across

effectively' (Home Office 2004c: 10).

In considering
recent statistics on police
interview

data,1

this

paper

asks

whether

the

the

detection
massive

country

to target

criminals

rates, supported
government

more

by qualitative

investment

in

the

Expansion
Program has paid dividends, i.e. whether there have been significant
in
criminal detection rates attributable to the DNA Expansion Programme.
improvements
first
the legislative changes to the DNA sampling regime in England and
Considering
DNA

Wales, the uses of forensic DNA evidence and the NDNAD, and the impact upon police
rates, it goes on to highlight potential side effects on police investigations
'clear-up'

kESRC Postdoctoral Research Fellow, School of Law,

Universityof Leeds, 20 Lyddon Terrace, Leeds LS9 2JT,UK; ctmccartney@aol.com.
1
Fourteen individuals who deal directly with DNA evidence, or the law and policy regarding DNA evidence within their occupa
tions, including forensic scientists, police officers and legal professionals, were interviewed in depth regarding issues relating to
forensic DNA evidence and the NDNAD, policing and civil liberties, as part of doctoral research. Thanks are extended to all partici
pants, who shall remain anonymous.

175
The Author 2005. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD).
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McCartney

and some possible limitations to the utility of the NDNAD.

In so doing, it suggests that
forensic DNA evidence may in fact be creating new 'risks' that require acknowledg
ment and, where possible, aversion. For example, caution may be required when the
very

same

evidence

that

can

remove

vision' on the part of investigatorsa

convictions (see Radelet et al. 1994).

a suspect

from

an

phenomenon

The DNA Expansion

can

inquiry

also

lead

as a cause

recognized

to

'tunnel

of wrongful

Programme

The

DNA Expansion
launched
in April 2000, aimed to increase
the
Programme,
of
the
NDNAD
until
all
of
the
'known
active
(estimated
growth
offending population'
at the time at 3 million individuals) were on the database. This funding was in addition
to 19 million per annum from individual police forces. Total government investment
in the programme
to March 2005 stood at 240.8 million.2 The funding enabled police
forces to increase the sampling of suspects; the recruitment of 650 additional
Crime
Scene Examiners and other staff; equipment
purchases; and the collection and analysis
of more DNA material at crime scenes (Home
Office Science Policy Unit 2004: 12).
The DNA Expansion
also
for
an upgrade of 22,000 subject sam
Programme
provided
ples, taken since 2001 and reported as matching crime scene samples. Of these, 6,000
have been upgraded
from SGM to SGM Plus profiles and have been compared
again

with the crime scene samples,

It

is

claimed

that

the

with 52 per cent confirming

set

targets

for

the

the original

have

programme

been

match.3

with

achieved,

the

NDNAD
holding just under 2.9 million samples from individuals and 237,500 profiles
from crime scenes as of March 2005.4 The United Kingdom
now has the largest
domestic forensic DNA database per capita in the world (Townsley and Laycock 2004: 3),
with

the

database

to grow

projected

yet

further,

it suggested

it could

eventually

encom

(or at least 5 million individuals)

pass up to 10 per cent of the population
(Jobling and
Gill 2004: 739). Automation
of DNA profiling processes has also meant a significant
increase in loading of samples, with the Forensic Science Service more than doubling
their

monthly

The

government

suspects
mean

load

rate.5

in particular

that

sample

DNA

for

'targets'

offence

taking

is

the

NDNAD

and

police

targets

to

types (i.e. the recent focus on DNA

now

routine

element

of

police

take

samples

in volume

detention

from

crimes)

procedures.

was used in approximately

half of all cases received by the Forensic
By 2001-02,
Science Service from the policea
significant growth from a quarter of cases in 1997-98
and Auditor
General
In 2001, it was declared
that 14,785
2003).
(Comptroller
crimes were detected using the DNA database compared
with 8,612 the previous year
of
(Home Office 2001: 32). This increase is a result not only of greater understanding
forensic DNA potential, and decreasing costs, but the speeding up of the processthe
'turnaround'
time for DNA analysis five days, down from almost a year in 1997 (Comp
troller and Auditor General 2003: 6). In addition to this financial investment and tech
innovation
effort, legislative reform and case law
nological
assisting the expansion
since the advent of forensic DNA profiling have repeatedly expanded
the list of those
2

Forensic
3
National
4
Forensic
5
Forensic

Science Service, 'NDNAD Fact Sheet', July 2004, available online at: www.forensic.gov.uk.
DNA Database, Annual Report 2003-04, at 16, available online at: www.fss.gov.uk.

Science Service, 'NDNAD Fact Sheet', March 2005, available online at: www.forensics.gov.uk.
Science Service, Press Release 2004, available online at: www.forensic.gov.uk.

176

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THE DNA EXPANSION

from

whom

a sample

may

be

PROGRAMME

taken,

AND CRIMINAL

the

downgraded

INVESTIGATION

authority

to sanction

required

as well as permitting
perform sampling, increased access to the NDNAD,
data profile and sample to be retained indefinitely (see McCartney 2004).

and

the resultant

Legal provision for the collection and retention offorensic DNA samples
Criminal Justice Act 200S, s. 10 (amending

The

non-intimate

without

samples

consent

upon

they have not already been supplied

take

DNA

from

samples

almost

s. 63 of PACE),

arrest

for

permits the taking of

a recordable

as part of that investigation.

all

arrestees

and

offence,

providing

This enables

pre-empts

to

police
advances

technological

which are expected to see mobile DNA testing kits in the coming years (by omitting the
words 'in police detention').
It means that a sample (usually a cheek swab) can be
taken upon 'reasonable
suspicion' for an offence, regardless of whether it will indicate
or
have
any possibility of use during the investigation. The law, then, is explicit:
guilt

is liable to have a DNA sample taken,

anyone who comes under police suspicion
searched against the samples on the NDNAD,
and retained. The course that an investi
gation takes or whether a prosecution
proceeds is of little, if any, significance.
The law permitting
indefinite
retention
of DNA
in
was challenged
samples
Marperfthe House of Lords asked to consider the law with regard to Art. 8 privacy

Lord Steyn concluded

that 'in respect
rights, and Art. 14 rights against discrimination.
of retained fingerprints and samples article 8(1) is not engaged. If I am wrong in this
view, I would say any interference is very modest indeed'
(para. 31). Any interference
was justified under Art. 8(2): '... it is in the public interest in its fight against crime for
the police

whose

to have as large a database

were

samples

... it seems

to me that the benefits

to PACE

generally

are

so manifest

(including

the better

afflicts the lives of so many

than

by its proposed
both

criminals,
chance
these,
up

the

too

usual

with no adverse
not

does

impacts upon
the

affect

The

from

future

would

more
past

Instead,

those

and

The

amongst

about

appellants

inevitably
whose
whose

be better

served

crimes

usual

the appeal

which

by the database's
the chance

profiles

suspects

already

the less call

who

are

on

amend

of human

the

there

innocent

rights

dreadfully
expansion
of detecting

are yet to be committed.

are

those

unless

impugned

of crime

the better

the database,

larger
the

scourge

the database,

those
those

by the now
that the cause

the

against

complete

crime

brought

to it so threadbare

of society

protection

are not the only benefits.

suspects.

...

database

the objections

guilty of crimes

of deterring

of course,

of the larger

and

of its victims)

contraction.

those

retention

in a future crime' (para. 37). Lord Brown concluded

up the benefits of an enlarged NDNAD
(para. 88):

they are implicated

rejection, summing
ment

as possible',7

'The

retained;

The

better

database.

And

will be to round
will

at once

be

exonerated.

Court of Human
The issue may not rest with this resounding dismissal. The European
of
an
intimate
has
held
that
the
non-consensual
taking
sample could
Rights
previously
Art. 8, with even minimal physical interference
tification (Xv. Netherlands) .8 However, a Council of Europe
contravene

with a person requiring jus

Recommendation
does not

6 R v.
ChiefConstable of South YorkshirePolice (Respondent) ex parte LS (by his motherand litigationfriendfB) (FC) (Appellant) R v. Chief
ConstableofSouth YorkshirePolice (Respondent) ex parte Marper (FC)(Appellant) (2004) House of Lords (United Kingdom) 39.
7 R v.
Chief Constable of South YorkshirePolice (Respondent) ex parte Marper (FC) (Appellant) [2002] Court of Appeal, Civil Division
(England & Wales) 1275, perWaller L.J., para. 66.
8
Commission Decision of 4 December 1978, App. 8239/78.

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McCartney

forbid
out

coercion
if the

in forensic

but

sampling,
of

circumstances

the

case

states

that

warrants

'such

should

sampling

action

such

be

only

Protection

carried
tor

against

ture, inhuman or degrading treatment or punishment

(Art. 3) may prevent the use of
force, with the use of force not strictly necessary for the detention of the individual
to

contrary

being

Art.

3.10

the

However,

effects

of

the

force

used

must

be

sufficiently

and it is unlikely that the forced taking of non-intimate

samples,
of a hair or a mouth swab, will attract censure.11
through the plucking

such as
In X v.

serious,

Netherlands12and

v.

Peters

'3

Netherlands,

the

Commission

European

of

Human

Rights

held that compulsory sampling was contrary to Art. 8(1). However, interference for the
'prevention of crime or disorder' was justified in the case of a prisoner. So in order to
comply with human rights obligations, the sampling laws must be justifiable by refer
ence to Art. 8(2), being necessary in the interests of national security, public safety and

the prevention
of crime or disorder, or protection
of freedoms
of others. Such
demands necessitate assessment of the actual use of DNA sampling powers in criminal
to establish whether forensic DNA sampling is indeed fulfilling these
investigations,
aims (see further Roberts and Taylor 2005).
DNA Evidence in Criminal Investigations
It is claimed
NDNAD
DNA

'has

that science

and technology 'play a vital role in modern policing', with the

crime detection
Office 2004a: 1) with reports that
(Home

'revolutionising'
not

enhanced

merely

existing

police

has

but

capacity,

even

begun

to replace

the slow, tedious and expensive traditional investigative methods of police interviews'
(Watson 1999: 325). What is clear is that DNA samples are now taken on a scale quite
different from that revealed by a 1997 Home Office study (Bucke and Brown 1997)
when

non-intimate

detention.

With

the Criminal
has

been

it

increase

in

from
for

average
a

of just
month,

samples
over

with

per

DNA

came

of

number

just

taking

(the provision
the

40,000

averages

taken

sufficient

an

Programme,
now

now

Justice Act 2003

a steep

Expansion
year;

were

samples
arrest

cent

samples

individuals

since

the

in

taken

crime

from

arrestees.

offenders
scene

were
samples

police

enactment

into force on 5 April 2004),

200,000
4,000

of

of

there

Before
sampled

the
per

recovered

Mike Baxter of the Association

of Chief Police Officers
monthly.14 As Chief Constable
states, all people entering police stations will now have their fingerprints and
(ACPO)

DNA

samples

taken

as

a matter

of course.15

In addition to sampling of arrestees to match with crime scene samples, or specula

for the prosecution
of those offences, forensic DNA
tively search against the NDNAD,
has also leant itself to further applications
in criminal investigations
such as mass
screens,
'intelligence'
research for potential

and is also being used as an 'intelligence'

tool, or subject to
future uses such as producing
offender 'identikits' or familial

searching.
9

Council of Europe Recommendation No. R (92) 1, p. 7.

10Ribitschv. Austria
(1995) 21 European Human Rights Reports 573, para. 38.
11See Raninen v.
Finland (1997) 26 European Human Rights Reports 563, paras 56-57.
12
(Application no. 5239/78) 16 DR 184.
13
(Application no. 21132/93) 77-ADR 75.
14
'NDNAD Fact Sheet', March 2005, available online at: www.forensic.gov.uk.
15
Paper presented at Forensic Science Society Annual Conference, Wyboston, 5-7 November 2004.

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PROGRAMME

THE DNA EXPANSION

AND CRIMINAL

INVESTIGATION

Targeted intelligence screenings

screens

Intelligence
areas

in the late 1940s with fingerprints taken en masse from local

began

serious

where

crimes

had

occurred.16

In

the

first

case

to

utilize

mass

DNA

screen, indeed the first use of DNA in a criminal investigation in the United Kingdom,
analysis of a DNA sample from a man confessing to the second of two rapes occurring
in rural Leicestershire
proved him not to be the rapist, and that the rapes had been

perpetrated by the same offender. Police proceeded in January 1987 to take DNA samples
from all the males aged 16-34 of three local villages. The 5,500 samples taken failed to
match

to

the

crime

stains.

months

However,

later,

notified

were

police

that

one

man

had given a sample on behalf of a colleague,

Colin Pitchfork. Both men were arrested
and Pitchfork's sample matched the crime scene samples. Pitchfork confessed and was
convicted in January 1988 (Walker and Cram 1990: 480).
Since this first use of a DNA screen, the police have increasingly resorted to screens
to solve serious crimes, with there being 292 screens utilized across England and Wales
between April 1995 and January 2005. By March 2005, 50 of these screens were still 'active'

and 242 'inactive' (where samples have

(where the sampling and analysis is ongoing)
not been submitted within the last 12 months or notification of successful completion
has been received).17 The largest screen to date involved the analysis of over 4,500 samples
taken from local men after the recovery of the body of Louise Smith in a quarry in
Chipping Sodbury in 1996. None of the samples matched a crime scene profile, until

further investigative work targeted a local man who had since moved to South Africa,
who was then sampled and after a match, was convicted and sentenced in 1998.
The use of mass screens has attracted criticism. The Australian police have utilized the
technique in several high-profile cases which triggered debate over the authenticity of con
sent and the effectiveness of rights to refuse (Findlay and Grix 2003). In Davis v. Mississippi,18
the US Supreme Court ruled 'dragnets' were unconstitutional, as there would not be indi
'
vidualized suspicion, echoing the earlier dictum in Schmerberv. California,19 that [t]he inter
ests in human dignity and privacy which the Fourth Amendment
protects, forbids any
such

intrusions

2000:

1232).
for

approaches
which

screens,

screenings
ate

on

the

Police

mere

intimidation,
have

samples
have

that

chance

also

been

all

desired

public

been

evidence

cited

as

to

obtained'

the

of

of money'.20

suspicion

upon

those

who

refuse

The

to submit

Pressure

cooperation.

use

repeated

strategy

in high-profile cases is intense, with sanctions for non-compliance

cast

(Peterson

and

cooperate,

consequences

as a 'waste

castigated

be

might

reluctance

of mass

of

mass

to such

and immedi

screens

requires

to prove their innocence rather than the police using conventional

the local population
investigative techniques to raise suspicions against particular individuals, indeed:
There
ently

is a tendency
definitive

mining
procedural

for DNA

testing

publicly

conclusive

and

a key element
issues

of the

right

to replace
DNA

trial, since
test. The

to a fair trial,

may affect the accuracy

even

of a particular

a charge

presumption
though
DNA

becomes

a myriad
test.

determined

of innocence

(Saul

of scientific,
2001:

by the appar

is reversed,

under

statistical,

and

78)

16
e.g. in May 1948, in the 'Blackburn baby'csLse,fingerprints were taken from the entire male population of Blackburn, where a
three-year-old girl had been sexually assaulted and murdered.
17
Forensic Science Service 'Factsheet', March 2005, available online at: www.forensic.gov.uk.
18
Davis v. Mississippi, 394 Unites States: Supreme Court Reports 721 (1969), at 727.
19Schmerberv.
California, 384 Unites States: Supreme Court Reports (1966), at 769-770.
20
'Rights Fears over DNA Plan', Friday 30 July 1999, available online at: bbc.co.uk/news.

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McCartney

In the recent 'Operation

Minstead',
1,000 black men in South London were 'profiled'
to volunteer for DNA
in the hunt for a serial rapist; those men were then requested
tests. Of those, 125 initially refused, leading to 'intimidatory' letters from the police,
and five were arrested, their DNA taken post-arrest and added
urging re-consideration,
to the NDNAD.
Such actions have raised questions of legality, with arrests only lawful
of an individual having committed a criminal act. If the
with 'reasonable
suspicion'
with a DNA request, then that casts non-compliance
police are to arrest on non-compliance
as a crimea step that worries civil libertarians and may lose the spirit of cooperation
essential

in

these

the retention
the

circumstances.21

of forensic

expansion

such

Despite

of the samples

voluntarily

the

concerns,

use

of mass

and

screens

in

are just the latest development

submitted

databases.

DNA databases as 'intelligence tools'

The NDNAD
has changed the use of forensic evidence in criminal investigations, with
it being used to identify offenders from the outset, not simply to support cases against
suspects already identified:
What

we have

being

about

people

was

databases

of crime

such

Further

their

allowed

...

researchers

us to do

[of identifying
use

direct

in

of the main
(Senior

and

the

criminal

careers.

Such

mitted

a wide

offender

over

area

geographic

If you

are

devising

ing

crimes.

gives

you

reduce
other

at intelligence-led

looking

and

strategies
Forensic

to deal

it. This

is the future

information.

(Senior

on
use

of forensic

is about

beyond

give

an

which

criminality,

police

which

going

databases

intelligence

is a perspective

policing,

with it, that's

but

you

databases,

scientific

simply

insight

provides
giving

who

Such

into

intelligence
an insight

your

the

coming

into

criminal

detections

problem

which

has

crimes com

developments

measuring

are

available

research

30-40
is not

understanding

just

why
types

databases

is already

links, e.g. there are approximately

same

the

That's

in some

identity

shown a series of 'crime-to-crime'

by the

then

and
What

officer)

the NDNAD

attention of police, known as an 'unidentified

prolific'.
nicely with ambitions of 'intelligence-led
policing':22

....

search

to

of forensic

offence,

particularly

forensic

investigations,

patterns'

means,

police

tools. Indeed,

evidence

role

for the courts.

a cold

from

and

traditional

or denied

as it's one
offenders].

the courts

the

evidence

a suspect

criminal

'crime

interview

of generating

is to identify

intelligence'

on

working

about
So

suspects.

comment

as a means

to the police

vital 'criminal

increasingly

identifying

a no

gave

as something

seen

being

and

science

important

as burglary

to

and

forensic

has

is more

forensics

[DNA]

intelligence,
arrested

of using

thought

intelligence

to

... is a shift from

someone

services,

now

seen

information,

....

gives

criminality

problem,
and

What

you

to the

dovetail

count

forensics

a strategy

combined

to

with

manager)

The drive to expand the NDNAD

is then underpinned
that such a
by the expectation
wealth of information will improve the ability to tackle crime: "In the long run, when it
reaches critical mass, you could use it to understand
criminal careers,
[the NDNAD]
from

a research

perspective.

That

may

reveal

some

very

valuable

insights

1 Ford

and Tendler, 'Innocent Men Forced to Give DNA Samples', The Times,9 July 2004.
2 See the National
Policing Plan 2004-08, available online at: www.policereform.gov.uk/natpoliceplan.

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into

patterns

THE DNA EXPANSION

PROGRAMME

of crime. If you understand

the criminal
it" (Senior police scientific manager).

AND CRIMINAL

INVESTIGATION

career, you can perhaps

do something

about

Future directions for forensic DNA evidence

In addition

to developments
in the analysis of DNA, such as the production
of DNA
from
or
there
has
been
research
into
mixed,
profiles
single-cell
degraded
samples,23
DNA profiling automation
and miniaturization.
Automated
have
now
been
processes
introduced
and are proving successful. However, prototype 'lab-on-a-chip'
systems are

proving problematic (Home Office 2004a: 8).24 Additionally, ongoing research is seeking
to produce
'DNA identikits'a
of a suspect's physical appearance
from
description
their DNAso
that police can focus their investigations using the scientist's descrip
tion in lieu of eyewitnesses. At present, the Forensic Science Service (FSS) offer an 'eth
nic inference' service, giving the results of: white-skinned European;
Afro-Caribbean;
Indian Subcontinent;
South East Asian; and Middle Eastern. In addition, there is a 'red

hair' test which can detect approximately

84 per cent of redheads, which can be used
to supplement ethnic profiling. Ongoing research on the human genome is promoting
further advances in this type of research, with expectations
that in the future, other
characteristics may be identified from DNA samples.25
Familial

searching is used when a full profile has been obtained from the scene of a
The profile can then be
serious crime, but there are no matches on the NDNAD.
or
searched looking for 'close' matches, e.g. where the suspect could be a parent/child
The technique was first used in
a sibling of someone whose profile is on the NDNAD.

to identify a rapist and murderer, with a list of 100 'close' matches leading the
police to a previously named suspect who had since died. After taking samples from
surviving relatives, Joe Kappen was exhumed and his DNA matched samples obtained
from the bodies of his three victims.26 Familial searching has now been successfully
in April
used in a criminal prosecution, with Craig Harman convicted of manslaughter
2004 after a close relative's DNA was found on the NDNAD.27 There may be broader
ethical and civil liberties implications of familial searching that have yet to be explored,
e.g. '... it brings with it the indirect lifelong surveillance of citizens simply because they
are related to someone whose DNA profile is on the record' (Bieber 2004).
2002

DNA and Criminal Detection Rates

Criminal detection rates have become the bane of the police, with the Audit Commission
in 1993 strongly criticizing poorly organized and 'reactive' investigative work. Detection
rates have been steadily declining, dropping from 41 per cent in 1979 to 27 per cent in
23For

example, there are now techniques to separate male from female DNA; to analyse mitochondrial DNA; analysis of 'mixed'
samples; to get profiles from very degraded or single-cell samples and to get samples from sperm within vaginal samples. Some of
these techniques remain controversial, with courts in the United States recently refusing to admit Low-Copy Number DNA analysis
into court.
24
Although mobile fingerprint systems are now being trialled in Project Lantern, DNA mobile or handheld analysis may yet take
longer, with effortsongoing as part of the police science and technology strategy.
25Forensic Science
Service, 'Fact Sheet: Commonplace Characteristics', available online at: www.forensic.gov.uk.
26 Forensic Science
Service, 'Fact Sheet: Familial Searching', available online at: www.forensic.gov.uk.
27 See
online
at: http://www.forensic.gov.uk/forensic_t/inside/news/
the Casefile on
available
Craig Harman,
list_casefiles.php?case=24.

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McCartney

1992 (Audit Commission

1993). The latest criminal statistics report a further drop, with
detections for sexual offences down 4 percentage points on the previous year, while the
overall crime detection
rate in 2003/04
was 23.5 per cent (47 per cent for violent
that resort to
Office 20046: 103-04).
However, there are indications
crimes) (Home

DNA in criminal

investigations can significantly improve detection rates.

Since the establishment of the NDNAD in April 1995, there have been 584,539

to

scene

matches

and

scene

38,417

to

scene

matches

reported.28

The

suspect

Home

Office

Science Policy Unit (2004: 1) report that in a typical month, suspects are identified for
'15 murders, 31 rapes and 770 car crimes'. In 2003/04, 41,618 crime scenes were asso
ciated with one or more suspects, and 4,500 crime scenes were linked. The probability
of the FSS nominating a suspect when a crime scene sample is loaded is now 45 per cent,

with an additional
9 per cent probability that suspects will be identified for further
crimes when new subject samples are loaded onto the NDNAD.29 The clear-up rates for
crimes where DNA evidence
is available
are significantly higher than those crime
scenes with no DNA evidence recovered, with the overall detection rate of 23.5 per cent
rising to 38 per cent (although the government claim a rise to 43 per cent)30 where DNA
is successfully recovered, with different crime types improving further; in domestic bur
glary, the detection rate rises from 14 to 48 per cent (Home Office 2004a: 12).
Of course, not all 'matches' result in a conviction, or even an arrest. Indeed, in 2002-03,
the Home Office reported just 21,000 'DNA detections'
DNA match was available) from 50,000 'offender-to-scene'
(FSS

2004:

12).

The

of matches

proportion

resulting

in

crimes in which a
(detected
matches reported by the FSS
a successful

detection

has

not

risen dramatically, rising from 37 per cent in 1999/2000

to 42 per cent in 2002/03,
in
the
total
had
been
48
cent
2000/01,
(Williams et al 2004: 59). The
although
per
Home Office estimates that 20 per cent of the DNA detections result in a custodial sen
tence,

preventing

further

7.8

crimes

committed

being

(though

it is

not

clear

how

these rates are calculated)

(ACPO 2003: 9). The limitations of such statistics are exacer
bated by the poor uniformity of data; highly variable return rates between different
forces; and 'the variable role played by DNA matches in the detection process' (Williams
et al. 2004: 60).
Impacting further on the efficiency of DNA-based investigation, there remains a signi
ficant problem in crime scene DNA recovery. In the United Kingdom, only 5 per cent of
examined

crime

scenes

result

in

successful

DNA

sample

being

loaded

onto

the

and only 17 per cent of crime scenes are examined,

NDNAD,
meaning that just 0.85
cent
of
all
recorded
crime
a
DNA
that
can
be tested (NDNAD
per
produces
sample
'These
stark
are
balanced
the
fact
that we still load
2003/04: 23):
...,
improvements
by
DNA from relatively few crime scenes' (Smith 2004: 14). There is also a wide variation
between

police forces, in how many samples are sent for analysis, and how many crime
scenes result in DNA samples (ACPO 2003: 18). In addition, the Home Office continues
to report 'matches' not being followed up by investigators, or individuals are not pur
sued for further crimes and are simply dealt with for the crime for which they were
arrested and not all crimes which they may have committed, lowering potential detection
rates (Home

Office 20046:

104). The Police

Standards

Unit is addressing

28Forensic Science
Service, Press Release, 2004, available online at: www.forensic.gov.uk.
29National DNA Database Annual
Report 2003-04, p. 21, available online at: www.fss.gov.uk.
30
Caroline Flint, Ministerial written answers, 3 November 2004, Hansard, Col. 289W.

182

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the significant

THE DNA EXPANSION

PROGRAMME

AND CRIMINAL

INVESTIGATION

number of 'load failures': samples

taken from arrestees not making it onto the
NDNAD,
problems similar to those previously identified by HMIC when reporting on
the 'black hole' into which much scientific evidence was deemed
to be disappearing
(HMIC 2002).
assessment

Objective

of the

'success'

on the basis of crime detection

officers concede

that perhaps

or

otherwise

of the

rates is therefore
the ability of DNA

DNA

Expansion

Programme

near impossible.
Even some police
to solve the crime problem has been

overstated:
DNA

and

database
always
tion

fingerprints
....

helpfula
then

and

upon

it isn't.

if you can

to shortcut

the public's

lot of the time it doesn't

to everything

only useful

gives us the ability

It's impacted

And

get DNA

there
and

the investigation,

thinking

though,

a lot of crime

it actually

means

People
scenes

something.

tend
where

a DNA

to think
you

(Senior

that DNA

will never
police

match

on the

from it. DNA

too much

they expect

take us anywhere.
are

particularly

isn't

is the solu

find DNA.

scientific

It's

manager)

While others concede, 'it is now generally acknowledged

that the projected outputs for
the DNA Expansion
were
ambitious'
2004: 9). Yet the
(Coleman
Programme
overly
DNA
financial
commitment
to
the
demands
critical attention
huge
Expansion Programme
is paid not only to ensuring that public financial investment is reaping significant
rewards, but also that potential encroachments
upon civil liberties are justified,
for
use
whether the 'tremendous
and abuse' are being sufficiendy
opportunities
and
and
lized,
Laycock 2004: 3). Brevity dictates that
protected against (Townsley
the
risks
will
consider
paper
only
potential
occurring in the police station or during

and
uti
this
the

course of criminal investigations, and not the far wider implications of NDNAD security,
forensic standards and a host of other potential governance,
integrity and regulation
the
use
of
forensic
DNA
evidence
concerns accompanying
(see Kellie 2001; McCartney
Roberts
and
for
some
2005
2004;
issues).
Taylor
DNA evidence and detection
Police

investigations

which, once
the

have

been

a clear suspect

one-sided

collection

characterized

has been

(and

sometimes

as

identified,

'case

constructions':

the objective

"manufacture")

of

'...a

process

...

in

of the inquiry becomes

evidence

to

support

the

(Field and Thomas 1994: 74). While Walker theorizes

police version of what happened'
as to the constructed nature of 'truth' during investigations, as well as 'guilt' (Walker
the critical importance
of police
literature emphasizes
1999), the case construction
the
to
events
in
to
'which
lead
neglect certain
particular ways,
goals
police
interpret
2001: 13).
lines of enquiry, and to suppress specific items of information'
(Redmayne
The 'objectivity' and 'neutrality' of forensic science could eradicate such practices, but

of items for forensic analysis during an investigation is usually part of

i.e. not trying to find a suspect but getting proof
against suspect(s),
building
have
(Roberts 1994). Others suggest that 'the hope
against the suspect they already
of criminality, espe
that science may provide an antidote to the police construction
1999: 148), not
seems forlorn' (Walker and Stockdale
cially through interrogation,
even the selection
a case

of the fact that the great majority of criminal investigations involve little
or no physical trace evidence
(Steer 1980: 71). Forensic scientists' abilities to assist in
criminal investigations are clearly circumscribed
by the skills used in the collection of
least because

evidence

from

the

crime

scene:

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McCartney

Forensic

scientists

do

If bias

has

laboratory.
should

be examined

(Lucas

1989:

not

make

been

evidence

physical

in selecting

employed

or both,

or reported,

'objective'

in the field

evidence

of scientific

no amount

it to analysis

by subjecting

simply

or in deciding
can

testing

which

correct

in the

evidence

for this prejudice.

721)

DNA Expansion
and the Forensic Integration Strategy both seek to
Programme
there being a powerful motiva
alter investigative practices to utilize new technologies,

The
tion

in

that

the

down

closing

to science

and technology:

...

a range

through

dealt

with; even

crime

and

is not
once

identifying

as it was,

... as other

things

avenues

criminal

of investigation

justice

has developed,

have

suspects

the offenders.

as effective
did

in the

the way that policing

to identify

nology

of changes

of other

fallen

You

are

even

societal

have

fallen

...

away
factors

there

such

as the public

these
not

is what

evidence

days,

resort

necessitates

that

way

suspects

are

ways of investigating

traditional

is a greater

to get admissions

forensic

away,

of the more

Therefore

not going

the

disclosure;

system;

some

now

on

reliance
the use

this tech

of informants

to the police

relating

is left. (Senior

as they
officer)

police

Forensic science is then perhaps utilized as a means to circumvent public cooperation;

'... there are huge pockets of the community where there is a huge distrust of the police
and they won't help so DNA can overcome that' (Policy reformer). However, DNA cannot

overcome a lack of public cooperation

fully, as will be seen, DNA cannot substantiate a
charge alone and further evidence is still required for a successful prosecution.
Training of constables as well as senior officers has been highlighted as an essential
of developing
the effectiveness of forensic science in investigations. Prob
requirement
lems were referred to by analogy by one senior scientific manager:
Over

the last few years,

to be

allocated

Royce

piece

to just

if an identification
whichever

of evidence

and

bobby

you're

had
went

giving

been

made

either

using

to the original

it to the junior

crime.

mechanic.

So,

fingerprints
in effect,

(Senior

police

or DNA,
you've

it tended

got

scientific

this Rolls
manager)

There may also be difficulties arising where police have a poor understanding
of what
DNA can prove: 'The police can be blinded by their own science and believe it will save
them

from

investigating

case

properly.

Even

some

senior

police

don't

understand

what DNA can actually prove, that just having a DNA match won't prove a case' (Politi
cal campaigner).
Such problems belie a poor understanding
of DNA, that a 'match' is
without
and
contextualization:
meaningless
proper interpretation
The

of the DNA

interpretation

for a DNA

profile

appearing

powerful,

it can't

discriminate

the DNA

result.

(Policy

is more

important

somewherewe
between

minor

than
have

contact

the result

to look
and

itself. There

at all

major

can

the possibilities

contact.

You

have

be all sorts of reasons

....

Because

to be able

it is so

to interpret

reformer)

Yet, it has been stated that it is 'quite natural' for a senior police officer to have limited
or little knowledge
of forensics, as many senior officers are rarely involved in serious
criminal investigations,
or may not have engaged
in frontline duties for some years
2004: 9). But, the impact of such ignorance is significant, with appreciation
(Coleman
of the effectiveness of spending on forensics not properly understood
or communi
cated to less senior officers (Coleman
when
2004: 9). Potential problems encountered
insufficiently trained officers attempt to rely upon forensic evidence include the con
tinuation

of a thorough

investigation

after a 'hit':
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THE DNA EXPANSION

There

tends

followed
DNA

to be a reliance

up. You

need

is sometimes

for which
ated

on forensic

to guard

levels

a forensic

hit and

service

they need

to not

be

to grasp

....

Rather

to have

officers

it, other

a DNA

than
need

you

need

avenues

aren't

case

closed.

match,

look

for the cigarette

to look

for the DNA

knowledge

right...

nets,

to make

safety

can

rest on their

they will put

Anecdotally,
scientific

police

have

you

we have

to get the forensic

Police

got.

complacent.

out of it. (Senior

of once

explanation,

fairly lowyou

they've

INVESTIGATION

mentality:

so you need

are

on the information

to get an admission

hope

in terms

for police

of the offence,

AND CRIMINAL

bullet'

up with a plausible

in the police

act properly

people

difficult

may come

with the commissioning

knowledge

evidence
a 'silver

against

conceptually

someone

PROGRAMME

laurels

end,
associ

forensic
sure

that

if they get

it to the offender

and

manager)

Abbreviated

or skewed investigations are then a potential risk, with the temptation

to use DNA to prove a case or supplement
a lack of evidence:

police
The

can

police

rather

than

ably to just
just

then

that DNA

could

be used

You

could

be

can

into

slip

What

other

evidence.

this

it does

lazy

skew
save

time and

weak
cases.

.... There

bother

when

because

cases,

carrying

they were

there.

are

on an investigation,
There

convinced

be distorted,

(Political

investigate

is a temptation

with the jury.

juries

can

Investigations

right let's

they think,

the investigation

that will carry a lot of weight

up weak

this,
prob
they

is a danger

by it, so DNA

it shouldn't

be a case

campaigner)

admit that there can be dangers:

that

approach
is gives you

though

There's

because

happened

officers themselves

work'.

and

to supplement

to hold

but what

It can

match

match

used

as a crutch

was there,

Police

with a DNA

rely on their DNA

if they find a match,

on the DNA,

all the evidence.

run to court

could

of who

be over-reliant

investigating

for

a lot

'we've

of good

old

DNA

got

we

needn't

line

of inquiry,

which

fashioned

detective

work

a concrete

bother

doing

still needs
also

the

rest

corroborating

needed.

(Senior

of the
with
police

officer)
Erroneous

conclusions

police

at

early

of

stages

an

can

investigation

lead

to

wrongful

and convictions, demanding

prosecutions
police investigations be subject to scrutiny,
for this is where 'the roots of miscarriages of justice are to be found' (Zuckerman
1992:
324). Increasing faith is placed in forensic science to fulfil a supporting or 'verification'
role

in

forensic

however,

investigations;

science

may

serve

to

hide

from

critical

gaze

credibility,
practices, where forensic evidence has been afforded 'apparent
leaving the process of detection, evidence
gathering and investigation hidden. The
canopy of science obscures the primitive analytic tools that persist. These technological
advances, even those enhancing information processing, have little altered police effec
tiveness' (Manning 2001: 84).
detection

the strength of evidence and what can be actually be determined

Misunderstanding
to detect offenders effectively and
by a DNA match may lead to missed opportunities
swiftly and possibly to the collapse of cases from poor preparation:
Will the police
call

remember

to the ... DNA

that no forensic
for hours

through

that good

databank,

evidence

detective

is any good

apparendy

work, the kind that cannot

is still a requirement
unless

meaningless

for a successful

it is recovered
debris?

(Baird

from
1992:

be accomplished

identification?
the crime

scene,

Will

by a telephone
they remember

sometimes

by sifting

75)

A 'lazy approach'
is a particular concern, as the statement from the FSS regarding
is a one-page report with only initial results and basic informa
DNA
evidence
potential
has
that
there
been a preliminary match, produced quickly so as to be used
tion, stating
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McCartney

at interview. Only if a suspect does not indicate a wish to plead guilty will the FSS go on
to do full testing procedures
and produce a full statement for trial (Bramley 2004: 20).
In addition, there are important considerations
DNA 'matches',
when accepting
for

match

statistics are

matches

denote

effect,

presence

of

scenes

that

at

particularly

much'

in some

'misleading

the

crucial

someone

at
be

may

scene

public

at

'a

areas,

2001:

(Saul

respects'

a crime

some

match

93).

not

may

Simple

in

point

time.

mean

In
very

93). As the ACPO guidelines state, it is crucial to obtain additional

evidence
which amends s. 23 of
2003: 36). Home Office Circular 58/2004,
(ACPO
HOC
16/95, states that suspects can be charged upon the basis of DNA matches as a
result of speculative searches of the NDNAD
only 'so long as there is further supporting
In addition, the danger of 'tunnel vision' should be protected against by
evidence'.
2001:

(Saul

s. 23 of the Criminal Procedure

and Investigations Act 1996, which states that 'where a
criminal investigation is conducted
all reasonable
steps are taken for the purposes of
the investigation and, in particular, all reasonable
lines of inquiry are pursued'.
DNA

evidence

The

and

deterrence

DNA

is part of the government's

bid to 'close the justice
Expansion
Programme
more
offenders
are
of
the
also sug
gap', ensuring
prosecuted.
Supporters
programme
that
be
criminals 'may
deterred from offending upon release' (Hudson
gest, however,
1997: 127), while as seen, Lord Brown supports the enlargement
of the NDNAD
to

deter

'from

Human

future

Genetics
there

effect,

was

also

to avoid

leaving

offenders

are

... when

this technology.
more

often

They

burnt

are

in

levels
their

out to try and

influence

may

know

of forensic

MO

make

criminal

sure

the
a

Commission

database'.

The

deterrent

potential

2002:

been

arrested

(Senior

on

clearly

know

....

Stolen

or fingerprints

any clues.

When

149).

behaviour:

the offenders

DNA

leave

of

behaviour'countermeasures'

that they have

leaving

they don't

aware

criminal

awareness,

to avoid

on

already

while

Genetics

they will probably

high

change

that

(Human
this

are

profiles

stated

of changes

aware',

is arrested

There

whose
has

evidence

'forensically

'hit'.

those

evidence

DNA

the suspect

[forensic]

crime
Commission

police

the basis

of a

the power
cars

scientific

are

of
now

manager)

Research into criminal careers also highlights a potential flaw in the belief that the
the more 'useful' a deterrent or an investigative tool it will become.
larger the NDNAD,
In reality, because of the 'churn' of the offending population
(whereby many offenders
on the NDNAD
will already have ceased offending while many who have just com

menced their 'criminal career' will not appear on the NDNAD for some time), the 'useful
life' of a profile on the NDNAD
is only as long as the offender's criminal career, which
are typically short, thus highlighting 'the need to remain realistic over the shortness of
time for which most of those contributing criminal justice samples will remain relevant
for crime detection purposes'
(Leary and Pease 2002: 3).
Leary and Pease end their article by stressing that 'a match is not a conviction',
an analogy presented to them by an expert, who described DNA as:
...

'a fresh

may be
and
Pease

filling

placed

good,

police

conviction

(the

2002:

between

operations
second

stale

two slices
and
slice)

training

of stale
(the

bread'.

first stale

limit the quality

By this was
slice)

of the whole

and

meant

that while

the vicissitudes

sandwich

experience.

8)

186

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using

the science

of prosecution
(Leary

and

THE DNA EXPANSION

directly contradicts

Such research
efits

of

from

the

enlarging

the

huge

PROGRAMME

sums

database

INVESTIGATION

that the ben

Lord Brown cited earlier, who claimed

were

on

expended

AND CRIMINAL

'manifest'.

the

DNA

to

Rather,

Expansion

reap

the

there

Programme,

benefit

greatest
needs

to be

its effectiveness, whilst at the same time protecting

proper focus upon maximizing
and making sure that incursions into civil
against possible undesirable
consequences
liberties are justified.
Ethical disclosure of DNA evidence
Previous reports have indicated that 'the availability of forensic evidence appears to result
in a high proportion of guilty pleas' (HMIC 2002: 5), implying that DNA matches can
be used tactically by police investigators, not just to evidence a case at court, but to pre
vent a case going to trial. The use of DNA evidence as a 'lever' in the police station
of PACE enables the drawing of adverse
requires research, particularly when s. 62(10)
inferences at trial from a refusal to consent to sampling (although the use of this may
of police powers meaning
that consent is rarely
now be limited by the expansion

the ethical
This should include further consideration
of issues concerning
required).
use of DNA evidence; the protections afforded suspects; the rights of suspects not to
assist the police in their investigations; and the role of legal advice when facing DNA
evidence
evidence
(anecdotal
suggests that most lawyers will advise clients to plead
when
informed
that
there
is a DNA match, without further investigation into the
guilty
strength or reliability of that evidence).
forensic evidence should warn of relying upon
(see Walker 1999).

Prior wrongful convictions involving

'science'
too readily and uncritically

actual

an

Further,
there

are

no

ever,

this

has

for

argument
valid
been

non-consensual

for

reasons

an

contested;

sampling
not
suspect

innocent
there

indeed,

may

be

most
to

often

provide

several

reasons

relied

upon

is

that

a DNA

sample.

How

for

innocent

non

(Gans 2001: 173) (as is accepted when serving police officers refuse to submit
compliance
There is potential for the police to
DNA Database).
a sample to the Police Elimination
use

sample

requests

as

an

investigatory

pects, as well as investigators,

consciousness
of guilt' (Gans
be

a choice

made

between

tool,

with

the

strength

of such

'obvious

to

sus

perhaps to the point of generating additional evidence of

2001: 174). When faced with a sample request, there must

two

adverse

consequences:

giving

the

or

sample

revealing

fear of giving the sample, forcing the individual into a coerced position which, in itself,
in the absence of pre-existing suspicion
can generate self-incrimination
(Gans 2001:
to
the
are
under
178). Indeed, suspects
comply, making
sampling compelled
pressure
limits of investigative compulsion
and risking losing traditional
self-incrimination,
(Gans 2001; see also Easton 1991).
Pre-interview disclosure of scientific evidence has been singled out as raising prob
that could
'... the biggest improvement
lems for investigators, as a scientist explained:
to do with
to
do
with
scienceit's
be made with scientific evidence is actually nothing
that
scientific
(Forensic scientist). The police need to ensure
pre-interview disclosure'
disclosed
to suspects, thereby permitting
is not unnecessarily
for the evidence:
an
innocent
to
explanation
provide
opportunity
evidence

You
what

can

have

it is and

this marvellous
where

it is, and

piece

of evidence,

so they can

arrive

... and

before

at an 'explanation'

they get interviewed,

the suspect

for the interview,

187

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the

suspects

and

knows

so losing

the

McCartney

use

of the evidence

are

answering

have
can

been

....

to, but

telling

be wasted

legal

advisor

have

to think.

It's the trick of the thingthey

not

to concoct

enough

advisors

legal

that you

have

(Senior

claim

information

to know

the scientific

evidence.

Bobbies

of scientific

evidence

sufficient
away

is wasted.

About

30%

access

legitimate

but don't

evidence,

scientific

police

can

[suspects]

scientific

work

so your

everything

in this way as they

need

a story to explain

tell them

But

....

if you

they

tell the

simply

it is or where

what

what

it is, then

they

manager)

to positively advocate
More worryingly, perhaps, some police had seemed
keeping
forensic evidence details from the suspect, at least until forced to disclose it pre-trial:
a risk of giving

There's

too

much

pect

the interview
lems

is to get the suspect

with police

their

away

clients

harried

being

to explain

although

not always.

view then

you

don't.

the interview

during

of their involvement

to give you an account

by solicitors

and

At some

It will always

stage

be disclosed

giving

the

into

coming

anything

giving

away

We

away.

evidence

and

is the sus

it. The
have

then

interview

you

would

probably

don't

need

to disclose

skill in

had

them

trial but if you

during
before

of DNA

the DNA

you want

what

Tactically

stage.

the issue

without

to give an account

it away.

(Senior

without

prob

advising

disclose

it,

it at inter

officer)

police

for police officers on how to handle DNA evidence

have published
guidelines
during interviews with suspects. This states that interviewers will 'prefer' to hear a suspect's
account before they disclose details of evidence, although the guidance states that it is
for some information to be disclosed to the
'in the interests of all parties concerned
solicitor
before
or
at
the
2003:
and
their
beginning of the interview' (ACPO
suspect
40). However, ACPO warn against 'premature disclosure', which may 'provide the sus
to support a claim of lawful access
pect with an opportunity to fabricate an explanation
or to give a false account to explain the reasons why the evidence exists' (ACPO 2003:

ACPO

41). They advise that the suspect

of

DNA

evidence,

innocent

suspects

have

to fear

know

not

be

given

their position

why

are

they

non-disclosure,

'uncontaminated'

'should

meanwhile,

pects,

establish

must

reason

no

a full account

providing

should

a suspect

though

and,

interview
the

CPS

and
then

representative
deliberately
Police

must

mislead.

use
legal
when

The

decide

how

much

information

documents

to

disclose

to

to disclose
to

the

Guilty sus

defence

or

information
at

disclose

defence.

ACPO

the introduction
advisers

interview

they have

court

of DNA

would

Conclusion:

not.
rule

This

by implying
would

evidence

in an ethical

evidence

be

gained

that the suspect

unfair
by such

The DNA Expansion

manner.
has

to the suspect
deception

Officers

and

highly

inadmissible.

ProgrammeRealities

should

at a scene
likely
(ACPO

pre

if a legal

However,

left DNA

an

stage,

evidence, the interviewer is not permitted

concludes
the guidance by reminding officers:

or suspects

from

benefit

asks if there is DNA

ered

unlawful.

to

what

deciding

to mislead
items

are

they

may

fabricate

to

opportunity

alibi around the police evidence'

(ACPO 2003: 42).
Officers are reminded that there is no legal obligation

while

interviewed,

indeed,

of the evidence.

by knowledge
the

without the disclosure

being

to lie or

not attempt
or on
to be
2003:

recov

deemed
42)

and Risks

as certain and
profiling, like fingerprinting, has been portrayed and accepted
the degree of trust invested in it, com
error-free, which has 'profoundly influenced
evidence'
(Lynch 2003: 93). Yet, the very real
pared with other forms of criminological
or the
of
mistake
(see Bramley 2004), mis-targeting and misinterpretation,
possibility
DNA

188

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THE DNA EXPANSION

PROGRAMME

AND CRIMINAL

INVESTIGATION

potential for negative impacts upon police investigative practice, demand that further
critical attention be paid to DNA and other forensic technologies
(see also Saks and
Koehler 2005). Forensic DNA technology has multiple uses in the fight against crime,
and

research

ongoing

looks

to

its

expand

usefulness

further

in

the

future.

While

the

of DNA technology in criminal investigations is most often unprob

typical application
of
lematic, there needs to be continued vigilance over the direction and implications
research

and

future

uses.

The permitting of non-consensual

sampling in a wide range of situations, with samples
retained indefinitely, raises many issues. It may be argued that the case for extending
the numbers of individuals from whom samples may be taken, i.e. from those committing
minor offences or simply being arrested, has yet to be made. The sampling regime 'may
be considered
a disproportionate
interference with an individual's
rights' (Steventon
1995: 418) and the powers to take samples from suspects for trivial offences 'rather
too wide' (Redmayne
1998: 444). Similarly, the retention of samples also has critics
who believe that retention is 'an unjustifiable infringement on an individual's
privacy'
1995: 417; see also LIBERTY
2002; McCartney 2003; Roberts and Taylor
(Steventon
2005; Williams et al. 2004). To justify any potential infringements of rights, the impact
of DNA technologies
is in need of further appraisal
and
upon criminal detections
debate.

As Ericson

criminal

process

... special

powers

tainty.
gives
doing

It also

of construing

the truth which

offers the procedural

the police
them

and Shearing (1986: 133) explain,

has particular dangers, as it promises:

a general

warrant

the right way and

you

reduce

characteristics

universal,

we are

no legitimate

to statements

complexity

of being

of the type, 'Because

have

the utilization

doing

in the

of authoritative

uniform,

general,
things

of science

and

the scientific

cer

neutral.

It

way, we are

for criticism'.

grounds

This is not to deny the power of forensic identification

to assist in the
technologies
detection of criminals, but there is a risk that faith in forensic science has been too easily
used to shore up falling confidence
in police investigative competence
without ques
tioning the fallibility and shortcomings of applying the technique. There are a number
of

for

reasons

convictions,
...

standards

command
of integrity:

scepticism

about

paramount.

Forensic

critical ones focusing

are

public

confidence,

standards

that

the

evidence

if it is gathered,
need

to be

of

power

forensic

science

to

eliminate

on quality and integrity:

and

intelligence

analysed

internationally

and

will only

disseminated

accepted

and

continue

to be of use,

with the highest

universally

wrongful

adopted.

and

standards
(Coleman

2004: 10)
The

are essential, and

training and proper utilization of Crime Scene Examiners
scrimping on exhibit collection and analysis negatively affects the quality of forensic
evidence
and returns
(Audit Commission
1993). In addition, police data collection
must be improved if benefits accrued from expanding
DNA use are to be evidenced.
Efforts to retain public confidence
and ensure cooperation
in criminal investigations
must also be emphasized.
With DNA only able to be used in addition to other evidence,
it is essential to have police that can investigate crimes utilizing more 'traditional'

con
methods, and continue to command
public cooperation.
Additionally, economic
siderations
must impact upon when scientific expertise is utilized with pragmatism
playing a role, fiscal priorities being formed within institutional norms. Indeed, 'unless
the forensic science budget is treated for practical purposes as unlimited, there is a
189

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All use subject to JSTOR Terms and Conditions

McCartney

clear

for

potential

periodic

crises

budgetary

with

knock-on

effects

on

of foren

patterns

sic science usage' (Tilley and Ford 1996: 20). The limitations of the NDNAD
pointed to
by Leary and Pease (2002) illustrate that the belief that the bigger the database, the
more crimes will be solved, could be flawed, and there is no 'optimum'
size for the
to grow at a significant rate, with all the
indeed, it will have to continue
database;
attendant costs involved. There is then required a public consensus
that the expendi
ture on DNA continues to be demand priority and that the significant sums spent on
DNA technology, testing and retention of samples could not be more effectively spent
elsewhere within policing or other public body budgets.
Yet, perhaps more important than efficiency and effectiveness concerns, convictions
of

innocent

men

demonstrate
and
need

and

integrity. The
astute

women

that forensic

which

evidence

and

management
and

supervision

constant

for the administration

to

continue

be

must be handled

overturned

to

regulation

of justice

abuse

prevent

appeal

courts

with great assiduity

science by the police

of forensic

organization

the

by

and utilized

and

mistake.

The

to proceed free of the blight of wrongful con

potential
viction is undoubtedly
a
closer
of
brought
step
by reliance upon scientific techniques
identification rather than traditional eye-witness identification and witnesses recollec
tion. Retained DNA samples may exonerate the wrongly convicteda
power which has
saved the lives of many innocent inmates on death rows around the United States.31 As
such, 'the Forensic Science Service clearly has an intermittent but vital role to play in
the case against those who commit
protecting the innocent, as well as strengthening
offences' (Ramsay 1987: 20).
As the technology becomes more innocuous
(i.e. fingerprints taken by holding hand

on a screen and 'buccal' swabsa simple cotton bud in the cheek), obvious objections
based upon the use of physical force or torture and excessive physical interference with
and principled objection to the procedures
people's
body integrity have disappeared,
have

failed

to

prevent

the

extension

of police

powers.

'it could

Indeed,

be

that

argued

the criminal justice system as we know it is being appropriated

by the very technologies
to
assist
its
In
the
risk
2001:
to min
174).
designed
pursuit' (Kellie
society, technologies
imize risk are being incorporated
into criminal processes regardless of their 'fit' with
traditional practices and their ethical underpinnings.
Growing reliance upon forensic
DNA and the continuing building of a NDNAD
must be accepted by the general popu
lace

before

any

negative

consequences

are

entrenched

and

irredeemable.

Such

moves

must take place within a political and public culture that has a realistic appreciation
what science can and cannot be called upon to do' (Durant 2003: 74).

'of

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