Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

100.

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

100. (1) Where a person is arrested for the purpose of being charged with a relevant offence, a member of the Garda Síochána may take, or cause to be taken, the fingerprints and palm prints of the person in a Garda Síochána station before he or she is charged with the relevant offence concerned.

(2) The power conferred by subsection (1) shall not be exercised unless a member of the Garda Síochána not below the rank of sergeant authorises it.

(3) The provisions of subsection (1A) of section 6 and section 6A of the Act of 1984 shall apply to fingerprints and palm prints taken pursuant to this section as they apply to fingerprints and palm prints taken pursuant to the said section 6.

(4) A person who obstructs or attempts to obstruct a member of the Garda Síochána acting under the power conferred by subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(5) 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 and palm prints of a person.

(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.