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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12173
Experience:  30 years as a practising solicitor.
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If the Police have my DNA on record do i have to give another

Customer Question

If the Police have my DNA on record do i have to give another . A police officer said he was investigating an offence that happened in 1984 and he wanted my DNA
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

It doesn't matter if your DNA is already on file. The law says that you may be requested to give a DNA sample in certain circumstances. If a DNA sample is requested from you, you can agree (consent) to the request. If you do not agree, you can be required to provide a sample if you are:

1. Suspected of, but have not been charged with, committing a serious offence and a senior officer orders you to give a mouth cell sample or a sample of hair from your head, or a warrant is obtained for a blood sample or a sample of pubic hair to be taken, or

2. Charged with a serious offence. A serious offence is generally taken as being one where you could, if convicted, go to prison for 12 months or more.

If you are charged with an offence that is not a serious offence then you are not required to give a sample of your DNA. However, you can be required to provide other identifying information like fingerprints and photographs.

I hope this helps. Please leave a positive response so that I am credited for my time.