Watch the Trial

The Trial took place at Cardiff Crown Court on Saturday 8 November.

The charge was:

“That the Government would be guilty of causing an unreasonable threat to the civil liberties of the citizens of the United Kingdom by the creation of a universal DNA database”

Particulars of the Offence
At the present time, almost 8% of the UK population is on the National DNA Database.

The DNA of an individual can only be taken:

• Voluntarily, by an individual agreeing
• On arrest for any criminal offence
• On conviction for any criminal offence.
  

Extensive research with young people in Wales over recent months has raised a number of critical questions about the existing
DNA database:

• At what stage of a criminal investigation should DNA be taken — on arrest, when charged or upon conviction?
• Should it depend on the seriousness of the offence?
• Should it depend on the age of the suspect?
• Should DNA be destroyed if a person is found to be innocent?
• For how long should DNA samples be retained?
• Are the existing policies fair and reasonable?

One possible solution to these issues is for all citizens of the UK to be placed on a Universal National DNA database. For the purpose of this trial, it is assumed that the UK Government might consider creating a Universal DNA database in the future.

The Prosecution argued that the creation of the universal DNA database is an unreasonable threat to the civil liberties of the citizens of the UK. Civil liberties are enshrined in the Human Rights Act 1998. This came into force in October 2000 and gives effect to the European Convention of Human Rights. Rights include the right to privacy, the right to liberty and security and the right to equal treatment.

The Defence will argue that the universal DNA database is a reasonable and proportionate restriction on the civil liberties of the citizens of the UK as it would reduce crime, make society safer and prevent discrimination be overcoming any gender, race or class bias.

As with any criminal trial in the UK, it is for the Prosecution to prove its case beyond reasonable doubt.

The Jury decided: guilty.

Criminal trial proceedings were adhered to as closely as possible. The jurors and prosecution and defence teams were young people aged 15–19. The audience in the public gallery also voted on the evidence.

The artistic model in the dock represented the National DNA Database. The model and the banner in the court were designed and created by young prisoners at Parc Prison.

A Trial summary has been produced and the results circulated widely, including visits by the young people to the Welsh Assembly Government and the Human Genetics Commission (a government advisory body) in Cardiff.