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R (on the application of GC) v The Commissioner of Police of the Metropolis [2011] UKSC 21 was a 2011 judgment of the Supreme Court of the United Kingdom. The case concerned the extent of the police's power to indefinitely retain biometric data associated with individuals who are no longer suspected of a criminal offence. In the case, a majority of the Supreme Court, including the Court's President Lord Phillips and the Lord Chief Justice Lord Judge reversed an earlier ruling of the High Court of Justice and found that the police force's policy of retaining DNA evidence in the absence of 'exceptional circumstances' was unlawful and a violation of Article 8 of the European Convention on Human Rights. The court declined to offer any specific relief however, recognising that the policy is exp

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  • R (GC) v Comr of Police of the Metropolis (en)
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  • R (on the application of GC) v The Commissioner of Police of the Metropolis [2011] UKSC 21 was a 2011 judgment of the Supreme Court of the United Kingdom. The case concerned the extent of the police's power to indefinitely retain biometric data associated with individuals who are no longer suspected of a criminal offence. In the case, a majority of the Supreme Court, including the Court's President Lord Phillips and the Lord Chief Justice Lord Judge reversed an earlier ruling of the High Court of Justice and found that the police force's policy of retaining DNA evidence in the absence of 'exceptional circumstances' was unlawful and a violation of Article 8 of the European Convention on Human Rights. The court declined to offer any specific relief however, recognising that the policy is exp (en)
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Dissent
  • Lords Rodger & Brown (en)
Prior
  • [2010] EWHC 2225 (en)
ArgueDate
ArgueYear
court
DecideDate
DecideYear
fullname
  • R v The Commissioner of Police of the Metropolis, R v Commissioner of Police of the Metropolis (en)
Holding
  • Appeal allowed By 5:2, Blanket retention of DNA evidence was unlawful under the Police and Criminal Evidence Act 1984 as read in conjunction with the Human Rights Act 1998. No specific remedy was granted, pending Parliamentary review of the legislation. (en)
Litigants
  • R v Commissioner of Police of the Metropolis (en)
majority
  • Lords Phillips, Judge, Dyson, Kerr & Lady Hale (en)
has abstract
  • R (on the application of GC) v The Commissioner of Police of the Metropolis [2011] UKSC 21 was a 2011 judgment of the Supreme Court of the United Kingdom. The case concerned the extent of the police's power to indefinitely retain biometric data associated with individuals who are no longer suspected of a criminal offence. In the case, a majority of the Supreme Court, including the Court's President Lord Phillips and the Lord Chief Justice Lord Judge reversed an earlier ruling of the High Court of Justice and found that the police force's policy of retaining DNA evidence in the absence of 'exceptional circumstances' was unlawful and a violation of Article 8 of the European Convention on Human Rights. The court declined to offer any specific relief however, recognising that the policy is expected to be subject to legislative scrutiny as Part 1 of the Protection of Freedoms Bill 2011. (en)
applied
  • S and Marper v United Kingdom 48 EHRR 50 (en)
Area of Law
Neutral Citation
  • [2011] UKSC 21 (en)
Reversed previous case
  • R (S) v Chief Constable of South Yorkshire [2004] UKHL 39 (en)
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