Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
Number 11 of 2014
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
REVISED
Updated to 1 November 2023
This Revised Act is an administrative consolidation of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, and all statutory instruments up to and including the Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) (No. 2) Order 2023 (S.I. No. 525 of 2023), made 31 October 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 11 of 2014
CRIMINAL JUSTICE (FORENSIC EVIDENCE AND DNA DATABASE SYSTEM) ACT 2014
REVISED
Updated to 1 November 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
3. Supplementary provisions relating to samples and DNA profiles
Taking of Samples from Persons in Custody of Garda Síochána
9. Power to take samples from persons in custody of Garda Síochána
10. Protected persons for purposes of Part 2
11. Taking of samples from persons in custody of Garda Síochána for purposes of DNA Database System
12. Taking of intimate samples from persons in custody of Garda Síochána
13. Taking of non-intimate samples from persons in custody of Garda Síochána
14. Giving of information under Part 2 to protected persons or children
15. Appropriate consent to taking of intimate samples
16. Application for court order authorising taking of intimate sample from protected person
17. Application for court order authorising taking of intimate sample from child
18. Persons authorised to take intimate samples
19. Inferences from refusal to consent, or withdrawal of consent, to taking of intimate sample
20. When sample taken for purposes of DNA Database System may also be used for evidential purposes
21. Taking of samples from protected persons under Part 2
22. Taking of samples from children under Part 2
23. Persons other than parent or guardian to support protected person
24. Use of reasonable force to take sample under section 11 or non-intimate sample
25. Re-taking of certain samples under Part 2 in certain circumstances
Taking of Samples from Volunteers to Generate DNA Profiles
27. Taking of samples from volunteers to generate DNA profiles
28. Entry of DNA profiles of volunteers in reference index of DNA Database System
29. Taking of samples for mass screening
30. Re-taking of samples under Part 3
Taking of Samples from Other Persons or Bodies for Reference Index of DNA Database System
31. Taking of samples from offenders
32. Taking of samples from child offenders
34. Taking of samples from former offenders
35. Taking of samples from deceased persons suspected of commission of relevant offence
36. Use of reasonable force to take sample from offender or child offender
37. Giving of information under Part 4 to protected persons or children
38. Re-taking of samples under section 31 or 32 in certain circumstances
39. Re-taking of samples from former offenders
Taking of Samples for Elimination Purposes
41. Taking of samples from Garda Síochána personnel for elimination (Garda Síochána) index
43. Taking of samples from members of staff of FSI for elimination (crime scene investigators) index
44. Taking of samples from other persons for elimination purposes
45. Direction from Commissioner for sample to be taken for elimination purposes
46. Direction from Director of FSI for sample to be taken for elimination purposes
47. Re-taking of samples under Part 5
Taking of Samples from Persons or Bodies for Purposes of Identification Division of DNA Database System
48. Taking of samples in relation to missing persons
49. Taking of samples from unknown persons
50. Taking of samples from bodies of unknown deceased persons
51. Re-taking of samples under Part 6
Taking of Certain Samples under Parts 3 and 6 from Protected Persons or Children
53. Giving of information under Parts 3 and 6 to protected persons or children
54. Consent to taking of certain samples under Parts 3 and 6 from protected persons or children
57. Taking of certain samples under Parts 3 and 6 from protected persons or children
DNA Database System
Structure and purposes of DNA Database System
60. Purposes of DNA Database System
Investigation Division of DNA Database System
63. Elimination (Garda Síochána) index
64. Elimination (crime scene investigators) index
65. Elimination (prescribed persons) index
Identification Division of DNA Database System
66. Missing and unknown persons index
Functions of Director of Forensic Science Ireland in relation to DNA Database System
67. Functions of Director of FSI in relation to DNA Database System
70. Annual report of Director of FSI in relation to DNA Database System
DNA Database System Oversight Committee
71. DNA Database System Oversight Committee
73. Cooperation with Committee
74. Annual report of Committee
Destruction of Samples and Destruction, or Removal from DNA Database System, of DNA Profiles
Application of this Part to persons from whom samples were taken under Parts 2 and 4
75. Interpretation (Chapter 1)
76. Destruction of intimate samples and non-intimate samples in certain circumstances
78. Destruction of intimate samples and non-intimate samples in exceptional circumstances
79. Destruction of certain samples taken for purposes of DNA Database System
83. Application of this Part to former offenders
85. DNA profiles not to be removed from DNA Database System in certain circumstances
Application of this Part to persons from whom samples were taken under Part 3
Application of this Part to persons from whom samples were taken under Part 5
91. Destruction of sample taken from person under section 45 or 46 and his or her DNA profile
Application of this Part to persons from whom, or in relation to whom, samples were taken under Part 6
Miscellaneous matters relating to destruction of samples and destruction, or removal from DNA Database System, of DNA profiles
94. Dismissal of charges, quashing of convictions and determination of proceedings
95. Review of operation of this Part insofar as it relates to DNA Database System
99. Application of this Part to Ombudsman Commission
Provisions Relating to Fingerprints, Palm Prints and Photographs
101. Amendment of section 3(1) of Act of 1984
102. Amendment of section 6A of Act of 1984
103. Destruction of fingerprints, palm prints and photographs
104. Amendment of section 9 of Act of 1984
105. Amendment of section 28 of Act of 1984
106. Amendment of section 5 of Act of 1996
107. Amendment of section 12 of Criminal Justice Act 2006
108. Amendment of section 52 of Act of 2007
International Cooperation
Interpretation and other matters
111. Application of Implementing Council Decision
Automated searching for and automated comparison of DNA profiles
112. National contact point in relation to DNA data
113. Automated searching of certain DNA data in DNA Database System
115. Automated searching for certain DNA profiles in DNA analysis files of designated state
Automated searching for dactyloscopic data
117. National contact point in relation to dactyloscopic data
118. Dactyloscopic data to which this Chapter applies
121. Delegation of certain functions of Head of Technical Bureau of Garda Síochána
Data protection
123. Application of Act of 1988
124. Purposes for which data may be processed
125. Correction of inaccurate data, destruction of incorrectly supplied data and storage of data
127. Recording of automated supply of data
Amendments of Criminal Justice (Mutual Assistance) Act 2008
128. Amendment of section 2(1) of Act of 2008
129. Amendment of section 76 of Act of 2008
130. Amendment of section 77(5) of Act of 2008
131. Amendment of section 78 of Act of 2008
132. Amendment of section 79 of Act of 2008
136. Amendment of section 107 of Act of 2008
137. Amendment of section 108 of Act of 2008
138. Amendment of section 109 of Act of 2008
Amendments of International Criminal Court Act 2006
139. Amendment of section 50 of Act of 2006
Police cooperation
144. Receipt of DNA profiles from law enforcement agency in place other than designated state
145. Receipt of crime scene evidence from law enforcement agency
Recognition of accredited forensic service providers carrying out laboratory activities
Miscellaneous
149. Sample may be taken from person even if bodily sample taken previously
151. Authorised members of staff of children detention schools
152. Delegation of functions of Commissioner under this Act
154. Delegation of functions of Director of FSI under this Act
156. Regulations regarding taking of samples
159. Disclosure of information
161. Authorisations under this Act
162. Evidence of certain authorisations under this Act
166. Re-arrest in case of match of DNA profiles
167. Exercise of certain power by judge of District Court outside district court district
168. Procedures that may be used for transmission of certain samples for forensic testing
169. Provisions relating to evidence in proceedings regarding certain samples (Repealed)
170. Amendment of Misuse of Drugs Act 1984
171. Amendment of section 6(4) of Act of 1984
172. Change of name of Forensic Science Laboratory of Department of Justice and Equality
DNA Database System Oversight Committee
Text of Council Decision 2008/615/JHA of 23 June 2008
Text of Agreement Between the European Union and Iceland and Norway on the Application of Council Decision 2008/615/JHA of 23 June 2008 and Council Decision 2008/616/JHA of 23 June 2008
Text of Council Framework Decision 2009/905/JHA of 30 November 2009
Acts Referred to
Adoption Act 2010 (No. 21)
Children Act 2001 (No. 24)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Coroners Act 1962 (No. 9)
Courts (Supplemental Provisions) Act 1961 (No. 39)
Criminal Justice (Drug Trafficking) Act 1996 (No. 29)
Criminal Justice (Forensic Evidence) Act 1990 (No. 34)
Criminal Justice (Mutual Assistance) Act 2008 (No. 7)
Criminal Justice Act 1960 (No. 27)
Criminal Justice Act 1984 (No. 22)
Criminal Justice Act 1999 (No. 10)
Criminal Justice Act 2006 (No. 26)
Criminal Justice Act 2007 (No. 29)
Criminal Law Act 1976 (No. 32)
Criminal Procedure Act 1967 (No. 12)
Criminal Procedure Act 1993 (No. 40)
Criminal Procedure Act 2010 (No. 27)
Data Protection Act 1988 (No. 25)
Dentists Act 1985 (No. 9)
Europol Act 2012 (No. 53)
Garda Síochána Act 2005 (No. 20)
Guardianship of Infants Act 1964 (No. 7)
Industrial Development Act 1993 (No. 19)
International Criminal Court Act 2006 (No. 30)
Medical Practitioners Act 2007 (No. 25)
Misuse of Drugs Act 1984 (No. 18)
Nurses and Midwives Act 2011 (No. 41)
Offences Against the State Act 1939 (No. 13)
Official Secrets Act 1963 (No. 1)
Prisons Act 1970 (No. 11)
Prisons Act 1972 (No. 7)
Probation of Offenders Act 1907 (7 Edw. 7, c. 17)
Sex Offenders Act 2001 (No. 18)
Transfer of Execution of Sentences Act 2005 (No. 28)
Transfer of Sentenced Persons Act 1995 (No. 16)
Number 11 of 2014
CRIMINAL JUSTICE (FORENSIC EVIDENCE AND DNA DATABASE SYSTEM) ACT 2014
REVISED
Updated to 1 November 2023
An Act to amend the law to authorise the taking of bodily samples from persons suspected of certain criminal offences for forensic testing; to provide for the taking of certain bodily samples from persons who volunteer to have such samples taken from them for the purpose of the investigation of offences or incidents that may have involved the commission of offences; to provide for the establishment and operation by Forensic Science Ireland of the Department of Justice and Equality of a DNA Database System; to provide for the taking of certain bodily samples from persons suspected or convicted of certain criminal offences for the purpose of generating DNA profiles in respect of those persons to be entered in the investigation division of the DNA Database System; to provide for the taking of certain bodily samples from certain persons for elimination purposes and, where appropriate, the entry of their DNA profiles in the DNA Database System; to provide for the taking of bodily samples from persons, or samples from things, for the purpose of generating DNA profiles in respect of those persons or missing persons to be entered in the identification division of the DNA Database System; to provide for the purposes of that System; to provide, in certain circumstances, for the destruction of samples taken under this Act and the destruction, or removal from the DNA Database System, of any DNA profiles generated from those samples; to repeal the Criminal Justice (Forensic Evidence) Act 1990; to give effect to Council Decision 2008/615/JHA of 23 June 20081 and Council Decision 2008/616/JHA of 23 June 20082, the Agreement between the European Union and Iceland and Norway on the application of those two Council Decisions3 and an agreement between the State and another state insofar as those Council Decisions or agreements concern cooperation in relation to automated searching for or automated comparison of DNA data or automated searching for dactyloscopic data, as the case may be, and the exchange of such data and the reference data relating to them, by or between authorities which are responsible for the prevention, detection and investigation of criminal offences in the State and those other states or that other state, as the case may be; for that purpose to make provision for data protection and, in that regard, to amend the Data Protection Act 1988; to amend the Criminal Justice (Mutual Assistance) Act 2008; to amend the International Criminal Court Act 2006; to give effect to Council Framework Decision 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities; to amend the criminal law relating to the taking of fingerprints and palm prints from certain persons; to amend the Criminal Justice Act 1984 and other enactments to provide for the destruction of fingerprints, palm prints and photographs taken from or of certain persons in certain circumstances; and to provide for related matters.
[22nd June, 2014]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Data Protection Act 1988 confirmed as applicable legislation for processing of personal data under Act (25.05.2018) by Data Protection Act 2018 (7/2018), s. 8(1)(b), S.I. No. 174 of 2018.
Application of Data Protection Act 1988
8. (1) Subject to this section, the Act of 1988 shall, on and from the date on which this section comes into operation, cease to apply to the processing of personal data (within the meaning of that Act) other than—
(a) the processing of such data for the purposes of safeguarding the security of the State, the defence of the State or the international relations of the State, or
(b) the processing of such data under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 or the Vehicle Registration Data (Automated Searching and Exchange) Act 2018 to the extent that the Act of 1988 is applied in those Acts.
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