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Marper, who was 38 years of age and of good character, was arrested and charged with harassment of his partner. The police took his fingerprints and DNA samples. His partner became reconciled with him and decided not to press the charges, and the case was formally discontinued. The police refused to destroy the fingerprints and samples. In both cases the police relied on the Criminal Justice and Police Act 2001, which allows the police to take and to retain indefinitely, without consent, fingerprints and DNA samples from a person of any age who has been arrested in connection with a “recordable” offence.

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