Understanding Fingerprint Retention for Drink Driving Offences in England

Law enforcement in England maintains detailed records to ensure public safety, and fingerprint retention is a critical aspect of this. If someone commits a drink driving offence in 2005 and their fingerprints are recorded, will they remain on the police file indefinitely?

Retention Rules for Drink Driving Offences

Drink driving is a recordable offence, which means the fingerprints collected can be kept on the police database for an extended period.

If the individual was convicted or released under caution for a drink driving offence, their fingerprints will be retained on the police file. However, if they were found not guilty or were never charged, the data will typically be deleted.

Retention Periods

If the drink driving offence resulted in a conviction, the fingerprints will be kept indefinitely. If the case was not charged but the individual was found not guilty, the police will retain the data for up to three years. If the individual was not charged, the data should be deleted after three years, unless a judge grants an extension for an additional two years.

Comparison with DNA Data

It's important to note that the retention rules for DNA collected during similar circumstances are similar to those for fingerprints. Both fingerprint and DNA data may be retained for an extended period if the individual was convicted and for up to three years if the case was not charged.

Complexity of the Legal Situation

While the above summary provides a general overview, the full legal situation is often more complex. Certain crimes, particularly those deemed 'serious,' can have different retention rules, especially if the individual is under the age of 18. Once a person has been convicted as an adult of any crime, their fingerprints and DNA will generally be retained indefinitely.

Practical Considerations

It's worth noting that, in practice, not all innocent individuals have their prints deleted, and in some cases, law enforcement might not bother ensuring that their records are accurate or up-to-date.

Conclusion

Understanding the retention periods for fingerprints following a drink driving offence is crucial for individuals and legal professionals. The rules can vary, so it's important to consult reliable legal sources or seek professional advice for specific cases.

Frequently Asked Questions

How long are fingerprints kept for a drink driving offence if there is no conviction?

If there is no conviction, the fingerprints will generally be kept for up to three years, unless a judge grants an additional extension for up to two years.

Are DNA samples also kept for similar offences?

Yes, DNA samples collected during similar circumstances will follow similar retention rules.

What happens if someone is under 18 and commits a crime?

There are special rules that apply to individuals under the age of 18, and the retention of fingerprints and DNA can differ from those for adults. It's best to consult legal advice for specific scenarios.