The ECtHR further concluded that the retention: “constitutes a disproportionate The ECtHR has struck a blow against the UK’s plans for DNA retention. Adam Jackson reports
On 4 December 2008, the grand chamber of the European Court of Human Rights (ECtHR) handed down a judgment in the case of S and Marper v the United Kingdom, S and another v The United Kingdom (App. Nos. 30562/04 and 30566/04) [2008] All ER (D) 56 (Dec). The court was asked to consider whether certain of the UK’s statutory provisions permitting the retention of fingerprints and DNA invoked Art 8 of the European Convention on Human Rights (the Convention) and if so whether a breach of Art 8 had in fact occurred in the cases of the applicants, S and Marper.
The challenges arose following the disposal of criminal charges against the applicants. S, an 11-year-old boy at the time of his arrest, was acquitted following trial for attempted robbery and Marper who had been charged with harassment against his partner had the charges against him discontinued following their reconciliation. Both had been required to provide fingerprints
