Can the police take a DNA sample from me without my consent?

The law distinguishes between intimate and non-intimate samples. Intimate samples (such as blood) require your written consent and cannot be taken by force. A non-intimate sample (including a mouth swab for DNA) can be taken without your consent if you have been arrested for a recordable offence and detained at a police station.

A recordable offence is any offence that can be recorded on the Police National Computer. In practice this covers virtually all criminal offences and many fixed-penalty offences. If you are arrested for a recordable offence, the custody officer can authorise the taking of a non-intimate sample, including a buccal swab, without your permission.

Once taken, your DNA profile will be added to the National DNA Database (NDNAD). The rules on how long it can be kept depend on the outcome of your case. The Protection of Freedoms Act 2012 significantly tightened the retention rules following a challenge in the European Court of Human Rights.

If you are not charged, or are charged and acquitted, your DNA profile and fingerprints must normally be deleted from the database, unless you have a previous conviction for a recordable offence or the custody officer determines that retention is necessary for specified reasons in limited cases. There are specific rules for adults convicted of serious offences (profiles kept indefinitely) and for those cautioned or conditionally discharged (profiles kept for shorter periods).

If you believe your DNA has been unlawfully retained, you can apply to the National DNA Database Strategy Board for a review, or challenge the retention through judicial review proceedings.

Key Points

• Police can take a non-intimate DNA sample (mouth swab) from you without consent if arrested for a recordable offence
• Intimate samples (blood, semen) require your written consent
• DNA profiles are added to the National DNA Database
• The Protection of Freedoms Act 2012 limits how long DNA can be retained after acquittal or no charge
• If you are not charged or are acquitted, your DNA must usually be deleted
• Indefinite retention applies to those convicted of serious offences
• You can apply to have your profile removed if you believe retention is unlawful
• Fingerprints and photographs are subject to similar retention rules