Argument: Databasing only the DNA of the arrested is too arbitrary
Lord Justice Sedley, who is one of England's most experienced appeal court judges, said in September of 2007: "We have a situation where if you happen to have been in the hands of the police then your DNA is on permanent record. If you haven't, it isn't.
"It means where there is ethnic profiling going on disproportionate numbers of ethnic minorities get onto the database.
"It also means that a great many people who are walking the streets and whose DNA would show them guilty of crimes, go free."