Extradition Act 1965

36A

F72 [ Identification procedures.

36A. (1) Where a member of the Garda S í och á na arrests a person under any power conferred by this Act, the member of the Garda S í och á na may, in order to assist in verifying or establishing the person s identity for the purpose of proceedings under this Act and for no other purpose

( a ) take, or cause to be taken, his or her fingerprint,

( b ) take, or cause to be taken, his or her palmprint,

( c ) photograph him or her or cause him or her to be photographed.

(2) Where a fingerprint, palmprint or photograph taken pursuant to subsection (1) is lost or damaged, or is otherwise unsuitable for use for the purpose referred to in that subsection, it may be taken on a second or any further occasion.

(3) The powers conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda S í och á na not below the rank of inspector.

(4) A member of the Garda S í och á na may, where a person fails or refuses to allow his or her fingerprint, palmprint or photograph to be taken pursuant to subsection (1), use such force as he or she reasonably considers necessary to take the fingerprint, palmprint or photograph or to cause the fingerprint, palmprint or photograph to be taken.

(5) ( a ) The powers conferred by subsection (4) shall not be exercised except on the authorisation of a member of the Garda S í och á na not below the rank of superintendent.

( b ) An authorisation pursuant to paragraph ( a ) may be given orally or in writing and, if given orally, shall be confirmed in writing as soon as practicable.

(6) Where a member of the Garda S í och á na intends to exercise a power conferred by subsection (4), he or she shall inform the person

( a ) of that intention, and

( b ) that an authorisation to do so has been given pursuant to subsection (5)( a ).

(7) Every fingerprint, palmprint or photograph taken pursuant to subsection (4) shall be taken in the presence of a member of the Garda S í och á na not below the rank of inspector.

(8) The taking of every fingerprint, palmprint or photograph pursuant to subsection (4) shall be video-recorded.

(9) Every fingerprint, palmprint or photograph of a person taken in pursuance of a power conferred by this section and every copy and record thereof shall be destroyed within the period of 12 months from the date of the taking of the fingerprint, palmprint or photograph, as the case may be, or on the conclusion of proceedings under this Part in relation to the person, whichever occurs later.

(10) A person who obstructs a member of the Garda S í och á na in the exercise of a power under this section shall be guilty of an offence and shall, on summary conviction, be liable to a class A fine or to imprisonment for a term not exceeding 12 months or to both.

(11) Where a fingerprint, palmprint or photograph is transmitted by or on behalf of a requesting country, such fingerprint, palmprint or photograph shall be received in evidence without further proof. ]

Annotations:

Amendments:

F72

Inserted (24.07.2012) by European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 (30/2012), s. 32, commenced on enactment.