Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
Automated searching for certain DNA profiles in DNA analysis files of designated state
115. (1) For the purposes of the investigation of criminal offences in the State, an authorised officer for DNA data may, in connection with an individual case, supply through the DNA Database System a DNA profile entered in—
(a) the crime scene index, or
(b) the reference index, other than DNA profiles entered in that index under section 28 ,
to the national contact point of a designated state for the purpose of conducting an automated search of the reference data in the DNA analysis files of that designated state by comparing the DNA profile concerned with the DNA profiles in those files to ascertain whether there is a match between them.
(2) The automated response from the national contact point of the designated state concerned to a search by the comparison of DNA profiles pursuant to subsection (1), namely—
(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 analysis files of that designated state,
or
(b) where a match of DNA profiles is not found, a notification to that effect,
shall be received by the national contact point.
(3) If, in relation to a DNA profile supplied by the national contact point pursuant to subsection (1), a match of DNA profiles is found in the DNA analysis files of the designated state concerned, a note to that effect may be entered in the DNA Database System in relation to the DNA profile so supplied.
Annotations:
Amendments:
F25
Substituted by Defence Forces (Evidence) Act 2022 (16/2022), s. 89(a), (b), not commenced as of date of revision.
Modifications (not altering text):
C14
Prospective amending provision: subs. (1) substituted and subs. (3) amended by Defence Forces (Evidence) Act 2022 (16/2022), s. 89(a), (b), not commenced as of date of revision.
115. F25[(1) For the purposes of the investigation of criminal offences in the State, an authorised officer for DNA data may, in connection with an individual case—
(a) supply through the DNA Database System a DNA profile entered in—
(i) the crime scene index, or
(ii) the reference index, other than DNA profiles entered in that index under section 28,
or
(b) supply through the DNA (Military Police) Database System a DNA profile entered in—
(i) the crime scene (Military Police) index, or
(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,
to the national contact point of a designated state for the purpose of conducting an automated search of the reference data in the DNA analysis files of that designated state by comparing the DNA profile concerned with the DNA profiles in those files to ascertain whether there is a match between them.]
...
(3) If, in relation to a DNA profile supplied by the national contact point pursuant to subsection (1), a match of DNA profiles is found in the DNA analysis files of the designated state concerned, a note to that effect may be entered in F25[the DNA Database System or the DNA (Military Police) Database System, as the case may be,] in relation to the DNA profile so supplied.