A teacher has won a High Court battle to have his DNA destroyed after he was unlawfully arrested by police when accused of assault by a pupil.

Matthew Wren’s victory comes the day the Government revealed plans which will leave DNA profiles of innocent people on the national database for up to 12 years.

Mr Wren’s success is likely to prompt a wave of legal action from others against the police. The national database holds an estimated 500,000 DNA profiles, plus a similar number of fingerprints, of people released without charge or found not guilty.

Mr Wren, a history teacher from Chester-le-Street, Co Durham, was forced to take judicial review proceedings against Northumbria Police over his treatment after he was assaulted by a pupil who then accused him of assault.

Mr Wren, 37, went voluntarily to the police station with his solicitor for interview but on arrival was arrested and detained, despite protestations by his solicitor that arrest was unnecessary.

His barrister, Pete Weatherby, of Garden Court Chambers, said: “Apart from the distress caused by arrest, it meant that police could take his photograph, fingerprints and DNA sample and these would be retained indefinitely, irrespective of whether there was any case against him.”

Mr Wren was interviewed, answered all questions and was released without charge.

Police investigated but took no action against the pupil over the assault on Mr Wren.

With the backing of his union, NASUWT, Mr Wren challenged the legality of his arrest and sought destruction of the samples and DNA.

The High Court granted permission but a few days before the full hearing the police conceded, agreeing to a “consent order” that declared the arrest unlawful and ordering the deletion of the photographic, fingerprint and DNA records and the amendment of the police national computer.

Mr Wren was also awarded damages, believed to about £1,000, and costs.

Mr Weatherby said that under Section 24 of the Police and Criminal Evidence Act 1984 a police officer can arrest anyone he reasonably suspects of committing an offence but only if it is necessary to do so.

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