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

11.

Taking of samples from persons in custody of Garda Síochána for purposes of DNA Database System

11. (1) Subject to this Act, a member of the Garda Síochána may take, or cause to be taken, from a person who is detained under any of the provisions referred to in section 9(1) for the investigation of a relevant offence a sample for the purpose of generating a DNA profile in respect of the person to be entered in the reference index of the DNA Database System.

(2) A sample may be taken from a person under subsection (1) only if a member of the Garda Síochána not below the rank of sergeant (including the member in charge of the Garda Síochána station in which the person is detained if he or she is not below that rank) authorises it to be taken.

(3) Before a member of the Garda Síochána takes, or causes to be taken, a sample under this section from a person, the member shall inform the person of the following:

(a) that an authorisation to take the sample from him or her has been given under subsection (2);

(b) in a case in which a sample already taken under this section from the person has proved to be insufficient—

(i) that that sample has proved to be insufficient, and

(ii) that either—

(I)another authorisation under subsection (2) is not, by virtue of section 3(6), required, or

(II)an authorisation to take a second sample from him or her has, in accordance with section 25(1), been given under subsection (2);

(c) that if the person (other than a child) fails or refuses to allow the sample to be taken from him or her, reasonable force may be used in accordance with section 24 to take the sample;

(d) that the sample will be used to generate a DNA profile in respect of the person to be entered in the reference index of the DNA Database System and the effect of such an entry;

(e) that the sample, or the DNA profile generated from the sample in respect of the person, may be transmitted or provided to a person or body in connection with the investigation of criminal offences or criminal proceedings (whether within or outside the State) as provided for in or permitted by this Act; and

(f) that the sample may be destroyed, and the DNA profile in respect of the person entered in the reference index of the DNA Database System may be removed from that System, in accordance with Part 10.

(4) This section shall not apply to—

(a) a protected person, or

(b) subject to subsection (7), a person who has not attained the age of 14 years.

(5) The Minister shall, by order made under this section, specify a relevant offence or a category of relevant offences that are, for the purposes of subsection (1), excluded from the application of this section as evidence relating to DNA would not, in the opinion of the Minister, assist with the investigation or prosecution of the offence or those offences due to the nature of the offence or offences concerned.

(6) The Minister shall, not later than 6 years after the commencement of this section, review the operation of this section insofar as it applies to children who have attained the age of 14 years.

(7) If, arising from the review referred to in subsection (6), the Minister considers that it is proper to do so having regard, on the one hand, to the operation of the DNA Database System in relation to children and its effectiveness in the investigation of offences committed, or suspected of having been committed, by children and, on the other hand, to the desire to protect the rights of children, he or she may by order made under this section provide that this section shall not apply to children who have not attained an age, of 14 years or older, that is specified in the order.

Annotations:

Editorial Notes:

E4

Power pursuant to section exercised (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 11) Order 2015 (S.I. No. 527 of 2015), in effect as per reg. 1(2).