POLICE hold the DNA profiles of more than 37,000 innocent people in Staffordshire and Cheshire.

Figures released by the Liberal Democrats reveal the national DNA database holds the profiles of 102,502 people in Staffordshire, 21,320 of whom have not been convicted of any crime.

The statistics say the DNA records of 78,453 people in Cheshire are stored, and 16,318 of those are innocent.

Civil rights campaigners say keeping the profiles of people who have never been convicted is unethical and, in light of a ruling by the European Court of Human Rights (ECHR) in December 2008, unlawful.

Judges in the S and Marper case said the "blanket and indiscriminate retention" of the DNA profiles and fingerprints of people arrested, but never convicted, amounted to an unlawful breach of their rights.

But chief constables were told to ignore the ruling until new guidance is issued by the Home Office.

The figures, which span December 2008 to November last year, reveal the profiles of 2,521 innocent Staffordshire people have been added to the database since the ECHR ruling. Five have been removed.

In Cheshire, 1,506 profiles of innocent people have been added during the period and none have been removed. The figures were compiled from Parliamentary answers.

The DNA database was established in 1995, but was expanded by two changes in the law which allowed DNA to be taken on arrest from the age of 10 for any recordable offence and kept until the age of 100, even if the person is not charged or convicted. Profiles can be removed in "exceptional cases" at the discretion of individual forces.

Both Staffordshire and Cheshire Police say they are acting in line with current legislation, which has not changed since the ECHR ruling.

A spokesman for Staffordshire Police said: "While we await guidance from the Government following the ECHR ruling, our current position, as with other forces, is that we lawfully obtain and retain DNA samples of people who have been arrested for a recordable offence. Those samples can be used for purposes relating to the prevention and detection of crime, the investigation of any offence or the conduct of a prosecution.

"We follow the Association of Chief Police Officers (ACPO) exceptional case removal procedures and in some cases, following a review, which is agreed by a chief officer, DNA has been removed from the national database."

Cheshire Police spokesman Jason Murray said: "The national DNA database has proven to be a vital tool in the detection of crime and will continue to be used by the police service to bring many offenders to justice. It is recognised, however, that its use needs to be proportionate, in order to maintain public support and reinforce public confidence.

"Cheshire Police is awaiting further guidance from ACPO and the Government in relation to the taking and retention of DNA samples from arrested persons and will review its policy in accordance with any changes in UK legislation."

In November, the Government published a draft Crime and Security Bill which, in response to the ECHR ruling, proposed that the DNA profiles of anyone arrested, but not convicted, would be deleted after six years.

ACPO lead on forensic science, Chief Constable Chris Sims, pictured left, said: "We strongly support efforts to bring greater clarity to police forces and look forward to new legislation. DNA is hugely important in many investigations, but the police service also believes it is vital the DNA database remains reasonable and proportionate, and retains the full confidence of the public."

But human rights group Liberty said: "How many more must be added to the DNA database before Parliament remembers how wrong-headed and distasteful it is to sweep up the innocent with the guilty?"