Criminal Justice Act 1984

28

F57 [ Taking of fingerprints, palmprints or photographs of person dealt with under Probation of Offenders Act, 1907, or convicted.

28. (1) Where a person, on being prosecuted for an indictable offence, is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907, or is convicted and otherwise dealt with, a member of the Garda S í och á na may

( a ) at any convenient place, take the fingerprints, palmprints or photograph of that person, within 7 days of the making of such order or his being convicted, or

( b ) require, in writing, that person to attend, within 7 days of the making of such order or his being convicted, at a named Garda S í och á na station for the purpose of having his fingerprints, palmprints or photograph taken:

Provided that where a person has made it impracticable for his fingerprints, palmprints or photograph to be taken within the said period of 7 days, a member of the Garda S í och á na may require (or in the case of a person attending a Garda S í och á na station pursuant to a requirement under this section, further require) in writing, that person to attend at a named Garda S í och á na station on a specified day for the purpose of having his fingerprints, palmprints or photograph taken.

A member of the Garda S í och á na may take the fingerprints, palmprints or photograph of a person on his attendance at a Garda S í och á na station pursuant to a requirement under this section.

F58 [ (3) Sections 8 to 8I shall, with the following and any other necessary modifications, apply to fingerprints, palm prints or photographs taken from or of a person pursuant to this section as they apply to fingerprints, palm prints or photographs taken from or of a person pursuant to section 6 or 6A :

(a) references to an offence to which section 4 applies shall be construed as references to an indictable offence;

(b) references to section 6 or 6A shall be construed as references to this section; and

(c) references to the detention of the person under section 4 shall be construed as references to the person being at a place, or attending at a Garda S í och á na station, for the purpose of having his or her fingerprints, palm prints or photograph taken by a member of the Garda S í och á na. ]

(4) Any person who refuses to comply with a requirement under this section or to allow his fingerprints, palmprints or photograph to be taken pursuant to this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F59 [ 3,000 ] or to imprisonment for a term not exceeding 12 months or to both. ]

Annotations

Amendments:

F57

Substituted (4.04.1997) by Criminal Justice Miscellaneous Provisions Act 1997 (4/1997), s. 12, commenced as per s. 21.

F58

Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 105, S.I. No. 508 of 2015.

F59

Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 13(c), S.I. No. 390 of 2006.