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 30 July 2021


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 Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Parole Act 2019 (Commencement) Order 2021 (S.I. No. 405 of 2021), made 29 July 2021, 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 30 July 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Parole Act 2019 (28/2019)

Data Protection Act 2018 (7/2018)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 110) (Designation of United Kingdom) Order 2020 (S.I. No. 722 of 2020)

European Union (International Cooperation) Regulations 2020 (S.I. No. 721 of 2020)

Criminal Justice (Forensic Evidence and DNA System) Act 2014 (Commencement) Order 2018 (S.I. No. 503 of 2018)

Criminal Justice (Forensic Evidence and DNA System) Act 2014 (Section 156) Regulations 2015 (S.I. No. 528 of 2015)

Criminal Justice (Forensic Evidence and DNA System) Act 2014 (Section 11) Order 2015 (S.I. No. 527 of 2015)

Criminal Justice (Forensic Evidence and DNA System) Act 2014 (Certificates) Regulations 2015 (S.I. No. 526 of 2015)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Commencement) Order 2015 (S.I. No. 508 of 2015)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Commencement) Order 2014 (S.I. No. 317 of 2014)

All statutory instruments up to and including Parole Act 2019 (Commencement) Order 2021 (S.I. No. 405 of 2021), made 29 July 2021, were considered in the preparation of this revision.


Number 11 of 2014


CRIMINAL JUSTICE (FORENSIC EVIDENCE AND DNA DATABASE SYSTEM) ACT 2014

REVISED

Updated to 30 July 2021


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Supplementary provisions relating to samples and DNA profiles

4. Transmission or provision of samples taken under Part 2 or 4, and DNA profiles generated from such samples, under other enactments

5. Orders and regulations

6. Repeal and revocations

7. Transitional provisions

8. Expenses

PART 2

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

26. Samples not to be taken from persons in custody of Garda Síochána other than in accordance with this Part

PART 3

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

PART 4

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

33. Former 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

PART 5

Taking of Samples for Elimination Purposes

40. Definitions (Part 5)

41. Taking of samples from Garda Síochána personnel for elimination (Garda Síochána) index

42. Taking of samples from Garda Síochána personnel for elimination (crime scene investigators) 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

PART 6

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

52. Part 6 not to affect provisions or powers relating to investigation of offences or investigations relating to deaths of deceased persons

PART 7

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

55. Information to be given to parents or guardians of protected persons or children or to others regarding certain samples under Parts 3 and 6

56. Application for court order authorising taking of certain samples under Parts 3 and 6 from protected person or child

57. Taking of certain samples under Parts 3 and 6 from protected persons or children

58. Withdrawal of consent to taking of certain samples under Parts 3 and 6 from protected persons or children

PART 8

DNA Database System

Chapter 1

Structure and purposes of DNA Database System

59. DNA Database System

60. Purposes of DNA Database System

Chapter 2

Investigation Division of DNA Database System

61. Crime scene index

62. Reference index

63. Elimination (Garda Síochána) index

64. Elimination (crime scene investigators) index

65. Elimination (prescribed persons) index

Chapter 3

Identification Division of DNA Database System

66. Missing and unknown persons index

Chapter 4

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

68. Permitted searching

69. Statistics

70. Annual report of Director of FSI in relation to DNA Database System

PART 9

DNA Database System Oversight Committee

71. DNA Database System Oversight Committee

72. Functions of Committee

73. Cooperation with Committee

74. Annual report of Committee

PART 10

Destruction of Samples and Destruction, or Removal from DNA Database System, of DNA Profiles

Chapter 1

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

77. Extension of retention period under section 76 for 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

80. Removal of certain DNA profiles in reference index of DNA Database System from that System in certain circumstances

81. Extension of retention period under section 80 for certain DNA profiles in reference index of DNA Database System in certain circumstances

82. Removal in exceptional circumstances of certain DNA profiles in reference index of DNA Database System from that System

83. Application of this Part to former offenders

84. Removal of DNA profiles in respect of former child offenders from DNA Database System in certain circumstances

85. DNA profiles not to be removed from DNA Database System in certain circumstances

86. Date on which sample under section 11, 12, 13, 31 or 32 may be deemed to have been taken in certain circumstances

Chapter 2

Application of this Part to persons from whom samples were taken under Part 3

87. Destruction of samples taken from persons under Part 3 and destruction, or removal from DNA Database System, of their DNA profiles

Chapter 3

Application of this Part to persons from whom samples were taken under Part 5

88. Destruction of samples taken from persons under sections 41 and 42 and removal of their DNA profiles from DNA Database System

89. Destruction of samples taken from persons under section 43 and removal of their DNA profiles from DNA Database System

90. Destruction of samples taken from persons under section 44 and removal of their DNA profiles from DNA Database System

91. Destruction of sample taken from person under section 45 or 46 and his or her DNA profile

Chapter 4

Application of this Part to persons from whom, or in relation to whom, samples were taken under Part 6

92. Destruction of samples taken from persons under Part 6 and removal of their DNA profiles from DNA Database System

Chapter 5

Miscellaneous matters relating to destruction of samples and destruction, or removal from DNA Database System, of DNA profiles

93. Applications to District Court to retain certain samples and certain DNA profiles beyond retention period

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

96. Ministerial orders to change periods for destruction of samples or removal of DNA profiles from DNA Database System

97. Request to FSI or other person to destroy sample or destroy, or remove from DNA Database System, DNA profile

98. Circumstances in which person to be informed of destruction of sample or destruction, or removal from DNA Database System, of DNA profile

99. Application of this Part to Ombudsman Commission

PART 11

Provisions Relating to Fingerprints, Palm Prints and Photographs

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

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

PART 12

International Cooperation

Chapter 1

Interpretation and other matters

109. Interpretation (Part 12)

110. Designated state

111. Application of Implementing Council Decision

Chapter 2

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

114. Automated comparison of unidentified DNA profiles supplied by designated state with certain DNA profiles in DNA Database System

115. Automated searching for certain DNA profiles in DNA analysis files of designated state

116. Automated comparison of DNA profiles in crime scene index with DNA profiles in DNA analysis files of designated state

Chapter 3

Automated searching for dactyloscopic data

117. National contact point in relation to dactyloscopic data

118. Dactyloscopic data to which this Chapter applies

119. Automated searching of certain dactyloscopic data in automated fingerprint identification system

120. Automated searching for certain dactyloscopic data in automated fingerprint identification system of designated state

121. Delegation of certain functions of Head of Technical Bureau of Garda Síochána

Chapter 4

Data protection

122. Definitions (Chapter 4)

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

126. Authorised officers

127. Recording of automated supply of data

Chapter 5

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

133. Request pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway

134. Application for court order authorising taking of identification evidence from protected person or child under Act of 2008

135. Recording of supply and receipt of data for requests pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway

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

Chapter 6

Amendments of International Criminal Court Act 2006

139. Amendment of section 50 of Act of 2006

140. Application for court order authorising taking of identification evidence from protected person or child under Act of 2006

Chapter 7

Police cooperation

141. Definition

142. Transmission of DNA profiles from missing and unknown persons index of DNA Database System to law enforcement agency

143. Receipt of DNA profiles in respect of missing persons, etc., from law enforcement agency in designated state

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

146. Saver

Chapter 8

Recognition of accredited forensic service providers carrying out laboratory activities

147. Definitions (Chapter 8)

148. Recognition of accredited forensic service providers carrying out laboratory activities in Member States

PART 13

Miscellaneous

149. Sample may be taken from person even if bodily sample taken previously

150. Authorised persons

151. Authorised members of staff of children detention schools

152. Delegation of functions of Commissioner under this Act

153. Delegation of functions of governor of prison or place of detention or Director of children detention school under this Act

154. Delegation of functions of Director of FSI under this Act

155. Further provisions regarding taking of samples under this Act or certain identification evidence under Act of 2008 or Act of 2006

156. Regulations regarding taking of samples

157. Codes of practice

158. Protocols

159. Disclosure of information

160. Offences and penalties

161. Authorisations under this Act

162. Evidence of certain authorisations under this Act

163. Service of notices

164. Non-compliance by member of Garda Síochána with this Act, regulations thereunder or code of practice

165. Non-application of 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

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

SCHEDULE 1

DNA Database System Oversight Committee

SCHEDULE 2

Text of Council Decision 2008/615/JHA of 23 June 2008

SCHEDULE 3

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

SCHEDULE 4

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 30 July 2021


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 2008 1 and Council Decision 2008/616/JHA of 23 June 2008 2, the Agreement between the European Union and Iceland and Norway on the application of those two Council Decisions 3 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. [22 nd 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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