X & Anor v Z (Children) & Anor

X & Anor v Z (Children) & Anor

Section 22 of PACE does not permit police to retain and use biometric material seized under section 19 for any purpose other than criminal law enforcement; the court cannot require disclosure for unconnected purposes such as care proceedings.

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
Outcome
Appeal allowed
Legal Topics
DNA Evidence, Disclosure of Evidence, Statutory Interpretation, Article 8 ECHR, Police Powers, Retention and Use of Biometric Data
Family Law Criminal Law Human Rights DNA Evidence Disclosure of Evidence Statutory Interpretation Article 8 ECHR Police Powers +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

Legal Issues

  1. 1 Whether Part II of PACE prohibits use of DNA profiles obtained under Part II for purposes other than criminal law enforcement
  2. 2 Whether section 6 of the Human Rights Act 1998 excludes judicial discretion to order disclosure of Part II DNA profiles except for criminal law enforcement purposes
  3. 3 Whether the President's order for disclosure was perverse

Ratio Decidendi

Section 22 of PACE does not permit police to retain and use biometric material seized under section 19 for any purpose other than criminal law enforcement; the court cannot require disclosure for unconnected purposes such as care proceedings.

Court Disposition

Appeal allowed

Orders

  • Order for disclosure of DNA profiles set aside