Where DNA profile evidence from earlier, unrelated and discontinued proceedings had been retained in breach of s.64 Police and Criminal Evidence Act 1984, a conviction based on subsequent DNA evidence obtained only as a result of that breach was unsafe and would be quashed. Overruled in Attorney-General's Reference No.3 of 1999 (2000) LTL 14/12/2000.

CA (Crim Div) (Swinton Thomas LJ, Butterfield J, Rafferty J)

26/05/2000