A man arrested over an alleged rape in west Belfast has launched a legal challenge to police retention of his DNA samples.
His lawyers claimed in the High Court that he was discriminated against because the PSNI has so far refused to put them into quarantine.
The man, who cannot be named, was held in connection with a suspected sexual assault in west Belfast in 2006 but never prosecuted.
Under legislative changes expected to be brought in within months it is anticipated that his DNA could be stored on a database for six years.
But seeking leave to judicially review the police position, his barrister claimed it was wrong that he should be treated differently from a juvenile in similar circumstances.
Reference was drawn to a teenager arrested in connection with a crime, but never charged, who had his samples retained.
In that case police have given an undertaking to hold the DNA in quarantine.
The man's lawyer claimed it was irrational and a breach of his clients human rights to be treated differently.
But Mr Justice Treacy questioned whether the case could lead to thousands of others bringing similar legal challenges.
Such a situation could impede police investigations into serious crime, the judge suggested.
"It could take a very long time for the matter to be ultimately resolved," he said.
"If it is ultimately resolved in three, four or five years time and resolved in the authorities favour it would mean the authorities would have been denied the opportunity to utilise samples available to them and serious crime could go undetected during that time."
The judicial review application was adjourned until next month to allow the man's legal team to make legal amendments and for police to provide more information.
© UTV News