DNA review 'could lead to appeals'

Police have suspended the testing of "low copy DNA" following the acquittal of Omagh bomb suspect Sean Hoey, with the Association of Chief Police officers (Acpo) saying that forces were already operating an "interim suspension" of the cutting-edge technique.

The Crown Prosecution Service in England and Wales is to review "live" cases, where Low Copy Number (LCN) DNA testing is involved. A similar review is being made in Northern Ireland at the request of Chief Constable Sir Hugh Orde.

However, the Attorney General's Office said there are no current plans to review past cases

A spokesman said: "We need to fully take into account the review by the Home Office's forensic regulator along with the judgment from Omagh, which we have not yet considered in full."

But one criminal law specialist said that rather than the CPS undertaking a widespread review of previous cases, it was much more likely that individuals would bring cases forward.

Robert Brown of law firm Corker Binning said: "There are lots of cases where LCN DNA could have been part of the evidence. In some of these, people will turn to appeal. Whether these appeals will be successful remains to be seen.

"In cases where there is other evidence besides the DNA technique, for example cases where there is DNA found at the scene as well as fingerprints - additional evidence - in these cases the appeals might not necessarily succeed.

"The judges hearing the appeal have to apply the test of whether the conviction is unsafe.

"It is very difficult to say what will happen. But in cases where the evidence almost entirely relies on this type of LCN DNA, it is more likely that the conviction could be tested to be unsafe and that could lead to a retrial. It is likely to be a fluid situation."