Getting Arrested:

Getting Arrested: Your DNA & Your Rights

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Can the police take mouth swabs and other DNA samples with or without your consent?

If you have been arrested for a recordable offence, the police will take samples from you to identify your DNA. They will also use this information to see if your DNA information is already stored on the police’s database. These samples are obtained “non-invasively”, such as through a mouth swab or samples of your hair or nails. The police can hold your DNA information, even if charges are dropped or you are acquitted at trial, although there are limits to how long they can retain it.

The police can even take your DNA samples if you voluntarily attend a police interview but haven’t been arrested.

Other forms of more invasive specimen collections include blood and urine samples. The police cannot take samples like these without the arrested person's written consent.

If relevant, the police may also ask you to take a breathalyser test, but you can refuse this, although doing so will not be looked on favourably by the court if your case proceeds to trial.

You can also provide DNA voluntarily to rule yourself out of a crime, and the police should not retain this if you are not arrested or charged.

For non-convictions, the police can hold your DNA details for 2-3 years; following a conviction, the police can retain your DNA information indefinitely. The police can even retain your DNA information for up to two years if you receive a fixed penalty notice.

The government sets out more detail here: https://www.gov.uk/government/publications/protection-of-freedoms-act-2012-dna-and-fingerprint-provisions/protection-of-freedoms-act-2012-how-dna-and-fingerprint-evidence-is-protected-in-law

DNA samples must be destroyed after six months, unless they are to be used as evidence in court.

If you are under 16, the police can take your DNA if charges have been filed, even without parental consent, but you must be charged – not just arrested – for them to do so.

 

The police interview

Please note: this is a general guide to the powers of the police if you are arrested. It does not constitute legal advice. If you require legal advice on your case, please contact a qualified solicitor.

 
 

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