X & Anor v Z (Children) & Anor [2015] EWCA Civ 34 (05 February 2015)

X & Anor v Z (Children) & Anor [2015] EWCA Civ 34 (05 February 2015)

Section 22 of PACE, properly construed in light of domestic statutory interpretation principles and the requirements of Article 8 ECHR, does not permit the police to retain and use biometric material seized under section 19 for any purpose other than criminal law enforcement. Therefore, the court cannot order disclosure of such DNA profiles for use in care proceedings unrelated to criminal law enforcement.

Citation
[2015] EWCA Civ 34
Parties
1st Appellant: X; 2nd Appellant: The Commissioner of Police of the Metropolis; Intervener: Secretary of State; 1st Respondent: Z (Children); 2nd Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
05 February 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal allowed
Legal Topics
DNA Evidence, Police Powers, Disclosure of Evidence, Article 8 ECHR, Statutory Interpretation, Retention and Use of Biometric Data
Family Law Criminal Law Human Rights Law DNA Evidence Police Powers Disclosure of Evidence Article 8 ECHR Statutory Interpretation +1 more

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Parties

X

1st Appellant

The Commissioner of Police of the Metropolis

2nd Appellant

Secretary of State

Intervener

Z (Children)

1st Respondent

A Local Authority

2nd Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether DNA profiles obtained by police under Part II of PACE can be disclosed for non-criminal law enforcement purposes
  2. 2 Whether section 22 of PACE prohibits use of seized DNA profiles for purposes other than criminal law enforcement
  3. 3 Whether such use would violate Article 8 ECHR

Ratio Decidendi

Section 22 of PACE, properly construed in light of domestic statutory interpretation principles and the requirements of Article 8 ECHR, does not permit the police to retain and use biometric material seized under section 19 for any purpose other than criminal law enforcement. Therefore, the court cannot order disclosure of such DNA profiles for use in care proceedings unrelated to criminal law enforcement.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court requiring disclosure of DNA profiles set aside
  • No order for disclosure of the disputed DNA profiles to the local authority