European Arrest Warrant Act 2003

F74 [ Identification procedures.

45A

45A. (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 ascertaining his or her 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 palm print,

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

(2) Where a fingerprint, palm print 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, palm print or photograph to be taken pursuant to subsection (1), use such force as he or she reasonably considers necessary to take the fingerprint, palm print or photograph or to cause the photograph to be taken.

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

( b ) An authorization 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 authorization to do so has been given pursuant to subsection (5)(a) .

(7) Every fingerprint, palm print 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, palm print or photograph pursuant to subsection (4) shall be video-recorded.

(9) Every fingerprint, palm print 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, palm print or photograph, as the case may be, or on the conclusion of proceedings under this Act in relation to the person, whichever occurs later.

(10) A person who obstructs a member of the Garda S í och á na in exercise of the powers under this section shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding 5,000 or to imprisonment for a term not exceeding 12 months or to both.

(11) Where a fingerprint, palm print or photograph of a person to whom a European arrest warrant relates is transmitted by or on behalf of an issuing judicial authority, such fingerprint, palm print or photograph shall be received in evidence without further proof. ]