Practice and Procedure

R (on the application of GC) v COMMISSIONER OF POLICE OF THE METROPOLIS : R (on the application of C) v COMMISSIONER OF POLICE OF THE METROPOLIS (2011)

PUBLISHED May 18, 2011

[2011] UKSC 21

Although the indefinite retention of the biometric data of all suspects breached individuals' rights under the European Convention on Human Rights 1950 art.8, the Police and Criminal Evidence Act 1984 s.64(1A) could be read so as not to require indefinite retention, meaning that no declaration of incompatibility was required and the police guidelines which had implemented indefinite retention were unlawful.

SC (Lord Phillips (President), Lord Rodger JSC, Lady Hale JSC, Lord Brown JSC, Lord Judge JSC, Lord Kerr JSC, Lord Dyson JSC)