New DNA holding powers for police

Under the plans police will be able to store some DNA for three years

Police are to be allowed to keep DNA samples from all people arrested for serious crimes for at least three years even if they are not convicted.

The change in Scottish law is set to be approved by MSPs on Thursday.

Police in England and Wales already have wider powers to retain the DNA of anyone arrested and released.

The Lib Dems claimed that was too draconian and only agreed to new police powers in Scotland after a compromise was hammered out with Labour.

Labour MSP Paul Martin is to move an amendment at the final stage debate of the Police Bill at Holyrood.

He had called for the law in Scotland to be brought into line with England and Wales, meaning that police could keep DNA samples indefinitely from anyone arrested for any crime.

At present, DNA samples taken when people are arrested in Scotland must be destroyed if the person is not charged or convicted.

Labour support

The proposed amendment had considerable support in the Labour Party but the Liberal Democrats said the move was an assault on civil liberties.

However, a compromise has been worked out and the Labour/Lib Dem coalition is expected to vote for another amendment from Mr Martin.

It will give the police powers to keep DNA samples from people arrested and charged with a serious crime such as assault or a sex offence.

Under the new law, police will be able to keep samples for three years and they will not have to be destroyed if the suspect is subsequently cleared.

They could then go to court to seek permission to retain them for a further two years.

A Scottish Executive spokeswoman said: "The executive position is that ministers are likely to support it but a firm decision will be taken later in the week."