Sex Offenders Act 2001

F17[Power of Garda Síochána to take fingerprints, palm prints and photographs of persons subject to requirements of Part

10A

10A. (1) Where a person is subject to the requirements of this Part—

(a) a member of the Garda Síochána may, at any convenient place, take the fingerprints, palm prints or photograph of that person, within 7 days of the relevant date or the date of the giving of a notification under subsection (1), (2), (3), (4), (6A) or (7A) of section 10, or

(b) a member of the Garda Síochána not below the rank of sergeant may require, in writing, that person to attend, within 7 days of the relevant date or the date of the giving of a notification under subsection (1), (2), (3), (4), (6A) or (7A) of section 10, at a named Garda Síochána station for the purpose of having his or her fingerprints, palm prints or photograph taken.

(2) Where a person has made it impracticable for his or her fingerprints, palm prints or photograph to be taken within the period of 7 days referred to in paragraph (a) or (b) of subsection (1), a member of the Garda Síochána not below the rank of sergeant may require (or in the case of a person attending a Garda Síochána station pursuant to a requirement under this section, further require) in writing, that person to attend at a named Garda Síochána station on a specified day for the purpose of having his or her fingerprints, palm prints or photograph taken.

(3) A member of the Garda Síochána may take the fingerprints, palm prints or photograph of a person on his or her attendance at a Garda Síochána station pursuant to a requirement under this section.

(4) A fingerprint, palm print or photograph ("the first-mentioned fingerprint, palm print or photograph") of a person taken pursuant to a requirement under this section shall, if not previously destroyed, be destroyed—

(a) where a fingerprint, palm print or photograph, as the case may be, of the person is otherwise retained by the Garda Síochána under this or any other enactment, not later than 3 months from the date on which the first-mentioned fingerprint, palm print or photograph of the person is taken, or

(b) where a fingerprint, palm print or photograph, as the case may be, of the person is not otherwise so retained, not later than 3 months from the date on which the person ceases to be subject to the requirements of this Part.

(5) A person who is required under subsection (4) to destroy, or cause to be destroyed, a fingerprint, palm print or photograph shall ensure that the fingerprint, palm print or photograph, every copy thereof and every record relating to the fingerprint, palm print or photograph in so far as it identifies the person from or of whom the fingerprint, palm print or photograph has been taken, are destroyed.

(6) The power conferred by this section is without prejudice to any other power exercisable by a member of the Garda Síochána to take, or cause to be taken, the fingerprints, palm prints or photograph of a person or to require a person to attend at a Garda Síochána station for that purpose.

(7) In this section, "record", in relation to a fingerprint, palm print or photograph, includes a copy of a record.]

Annotations:

Amendments:

F17

Inserted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 9, S.I. No. 539 of 2023, art. 3(a).