Criminal Justice (Mutual Assistance) Act 2008

78.

Identification evidence for use outside State.

78. — F64 [ (1) ]A request for obtaining identification evidence for use in a designated state shall include—

( a) a statement that the evidence is required in connection with criminal proceedings, or a criminal investigation, in that state, F65 [ ]

F66 [ ( b ) a brief description of the conduct constituting the offence, ]

F67 [ ( c ) a statement of the purpose for which the evidence is sought,

( d ) a statement confirming that any evidence that may be furnished in response to the request will not, without the consent of the Minister, be used for any purpose other than that specified in the request, and

( e ) in the case of a request pursuant to Article 7 of the 2008 Council Decision, or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda S í och á na

(i) an investigation warrant in respect of the person, or

(ii) a statement issued by the competent authority in the member state concerned in connection with a criminal investigation in that member state confirming that the requirements for the taking of a DNA sample from the person under the law of that member state would be complied with if the person were in that member state.

(2) In this section

competent authority , in relation to a member state, means the authority in the member state that is competent to issue an investigation warrant or statement for the purposes of Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway;

investigation warrant means a warrant or order issued by the competent authority in a member state requiring a person to have identification evidence, other than fingerprints, palm prints or photographs, taken from him or her for the purposes of a criminal investigation, or criminal proceedings, in that member state. ]

Annotations:

Amendments:

F64

Section designated as subs. (1) (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 131(c), S.I. No. 508 of 2015.

F65

Deleted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 131(a), S.I. No. 508 of 2015.

F66

Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 131(b), S.I. No. 508 of 2015.

F67

Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 131(d), S.I. No. 508 of 2015.