Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
Automated comparison of unidentified DNA profiles supplied by designated state with certain DNA profiles in DNA Database System
114. (1) The national contact point may accede to a request from the national contact point of a designated state, for the purposes of the investigation of criminal offences in that designated state, to compare unidentified DNA profiles to be supplied by that national contact point with certain DNA profiles in the DNA Database System in accordance with this section.
(2) If a request under subsection (1) is acceded to, the national contact point shall allow the national contact point of the designated state concerned access to the reference data in the DNA Database System in respect of the 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 purposes of conducting an automated comparison of unidentified DNA profiles supplied in an automated way 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 any of them.
(3) The national contact point shall ensure that, following a comparison of DNA profiles by the national contact point of a designated state pursuant to subsection (2), 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.
(4) If, following a comparison of DNA profiles pursuant to subsection (2), 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.
Annotations:
Amendments:
F24
Substituted by Defence Forces (Evidence) Act 2022 (16/2022), s. 88(a), (b), (c), (d), not commenced as of date of revision.
Modifications (not altering text):
C13
Prospective amending provision: subss. (1), (3) amended and subss. (2), (4) substituted byDefence Forces (Evidence) Act 2022 (16/2022), s. 88(a), (b), (c), (d), not commenced as of date of revision.
114. (1) The national contact point may accede to a request from the national contact point of a designated state, for the purposes of the investigation of criminal offences in that designated state, to compare unidentified DNA profiles to be supplied by that national contact point with certain DNA profiles in F24[the DNA Database System or the DNA (Military Police) Database System, as the case may be,] in accordance with this section.
F24[(2) If a request under subsection (1) is acceded to, the national contact point shall allow the national contact point of the designated state concerned access to—
(a) the reference data in the DNA Database System in respect of the DNA profiles entered in that System in—
(i) the crime scene index, and
(ii) the reference index, other than DNA profiles entered in that index under section 28,
and
(b) the reference data in the DNA (Military Police) Database System in respect of the DNA profiles entered in that System in—
(i) the crime scene (Military Police) index, and
(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,
for the purposes of conducting an automated comparison of unidentified DNA profiles supplied in an automated way 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 any of them.]
(3) The national contact point shall ensure that, following a comparison of DNA profiles by the national contact point of a designated state pursuant to subsection (2), an automated response is sent from F24[the DNA Database System or the DNA (Military Police) Database System, as the case may be,] to that national contact point comprising—
(a) ...
(ii) the reference data relating to the matching DNA profile in F24[the DNA Database System or the DNA (Military Police) Database System, as the case may be,]
...
F24[(4) If, following a comparison of DNA profiles pursuant to subsection (2), a match of DNA profiles is found, a note to that effect may be entered in the appropriate system in relation to the DNA profile for which a match is found in the DNA Database System or the DNA (Military Police) Database System, as the case may be.]