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

113.

Automated searching of certain DNA data in DNA Database System

113. (1) For the purposes of the investigation of criminal offences in a designated state, the national contact point shall allow the national contact point of that designated state access to the reference data in the DNA Database System in respect of DNA profiles entered in that System in—

(a) the crime scene index, and

(b) the reference index, other than DNA profiles entered in that index under section 28 ,

for the purpose of conducting an automated search of those reference data by comparing a DNA profile (whether identified or unidentified) in an individual case supplied by the national contact point of that designated state with the DNA profiles referred to in paragraphs (a) and (b) to ascertain whether there is a match between them.

(2) The national contact point shall ensure that, following a search by the comparison of DNA profiles by the national contact point of a designated state pursuant to subsection (1), an automated response is sent from the DNA Database System to that national contact point comprising—

(a) where a match of DNA profiles is found—

(i) a notification of the match, and

(ii) the reference data relating to the matching DNA profile in the DNA Database System,

or

(b) where a match of DNA profiles is not found, a notification to that effect.

(3) If, in relation to a DNA profile supplied by the national contact point of a designated state pursuant to subsection (1), a match of DNA profiles is found, a note to that effect may be entered in the DNA Database System in relation to the matching DNA profile found in that System.

(4) In this section and section 115 “individual case” means the investigation or prosecution of an offence or offences arising from a single event, incident or circumstances but includes a case where a search for more than one DNA profile is required.