So the police are refusing to remove samples...
...saying they're waiting for guidance from the government.
Given that holding the samples of someone with no charges/convictions is illegal under HR law, as definied by the ECHR, wouldn't it simply require the threat of legal action against the force to make them remove it?
Afterall, they know they won't win. Precedent was set in the ECHR. It is the last level of appeal, and as such any "junior" court would surely be bound by the precedent?
Would a force then be able to justify the costs of defending against such a case, given that they have a certainty of losing even if early courts don't abide by the ECHR ruling? Afterall, eventually it'd get to the ECHR and deemed illegal again, as set by the precedent.
I suspect that they'll refuse to remove in the first instance, but because of the cost of fighting a battle they know for a fact they will lose, will probably cave at the first or second letter with hints to litigation...