Criminal Justice Act 1984

F29 [ Destruction of fingerprints, palm prints and photographs

8

8. (1) A fingerprint, palm print or photograph of a person taken in pursuance of the powers conferred by section 6 or 6A shall, if not previously destroyed, be destroyed in accordance with this section and sections 8A to 8I .

(2) Subject to section 8A , a fingerprint, palm print or photograph of a person referred to in subsection (1) shall, if not previously destroyed, be destroyed in any of the following circumstances not later than the expiration of the period of 3 months from the date on which such circumstances first apply to the person:

(a) where proceedings for an offence to which section 4 applies

(i) are not instituted against the person within the period of 12 months from the date of the taking of the fingerprint, palm print or photograph concerned, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or

(ii) have been instituted and

(I) the person is acquitted of the offence,

(II) the charge against the person in respect of the offence is dismissed under section 4E of the Criminal Procedure Act 1967 , or

(III) the proceedings for the offence are discontinued;

(b) the person is the subject of an order under section 1 (1) of the Probation of Offenders Act 1907 in respect of the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken and he or she has not been convicted of an offence to which section 4 applies during the period of 3 years from the making of the order under that Act;

(c) subject to subsection (3) , the person is the subject of an order under section 1 (2) of the Probation of Offenders Act 1907 in respect of the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken and he or she has not been convicted of an offence to which section 4 applies during the period of 3 years from the making of the order under that Act;

(d) the person s conviction for the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken is quashed;

(e) the person s conviction for the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 .

(3) Subsection (2)(c) shall not apply to an order under section 1 (2) of the Probation of Offenders Act 1907 discharged on the appeal of a person against conviction for the offence concerned if on appeal his or her conviction is affirmed.

(4) For the purposes of this section the retention period , in relation to a fingerprint, palm print or photograph, means the period from the taking of the fingerprint, palm print or photograph, as the case may be, from a person to the latest date for the destruction of that fingerprint, palm print or photograph under subsection (2) . ]

Annotations

Amendments:

F29

Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C29

Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.—...

(6) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints and palm prints taken from a person pursuant to this section as they apply to fingerprints and palm prints taken from a person pursuant to section 6 or 6A of that Act:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to a relevant offence;

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

(c) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the person being arrested for the purposes of being charged with a relevant offence under this section.

C30

Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

52. —[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

[(2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under section 50 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or an offence to which section 50 applies; and

(b) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under section 50.]

C31

Application of section extended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 12(4), S.I. No. 390 of 2006, as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— ...

[(4) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to photographs taken of a person pursuant to this section as they apply to photographs taken of a person pursuant to section 6 or 6A of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence in respect of which a person may be arrested by a member of the Garda Síochána under any power conferred on him or her by law;

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

(c) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the arrest of the person by a member of the Garda Síochána under any power conferred on him or her by law.]

C32

Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 2 as they apply to persons detained under section 4 of the Act of 1984.

[(2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under section 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or a drug trafficking offence; and

(b) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under section 2.]

Editorial Notes:

E24

Previous affecting provision: section substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 49, S.I. No. 236 of 2007; section substituted as per F-note above.

E25

Previous affecting provision: subss. (2) and (7) amended, subs. (3) substituted and subs. (3A) inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 13(b), S.I. No. 309 of 2006; section substituted as per F-note above.