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

116.

Automated comparison of DNA profiles in crime scene index with DNA profiles in DNA analysis files of designated state

116. (1) For the purposes of the investigation of criminal offences in the State, the national contact point may make a request to the national contact point of a designated state for access to the reference data in the DNA analysis files of that designated state for the purpose of comparing unidentified DNA profiles to be supplied by the national contact point with DNA profiles in those DNA analysis files in accordance with this section.

(2) If a request under subsection (1) is acceded to, an authorised officer for DNA data may supply in an automated way all or any of the DNA profiles entered in the crime scene index of the DNA Database System to the national contact point of the designated state concerned for the purposes of conducting an automated comparison of those DNA profiles with the DNA profiles in the DNA analysis files of that designated state to ascertain whether there is a match between any of them.

(3) The automated response from the national contact point of the designated state concerned to a comparison of DNA profiles pursuant to subsection (2), 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.

(4) If, following a comparison of DNA profiles under subsection (2), 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 in the crime scene index of that System in respect of which the match was found.

Annotations:

Amendments:

F26

Substituted by Defence Forces (Evidence) Act 2022 (16/2022), s. 90(a), (b), not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective amending provision: subs. (1) amended and subs. (4) substituted by Defence Forces (Evidence) Act 2022 (16/2022), s. 90(a), (b), not commenced as of date of revision.

(2) If a request under subsection (1) is acceded to, an authorised officer for DNA data may supply in an automated way all or any of the DNA profiles entered in the crime scene index of F26[the DNA Database System, or the crime scene (Military Police) index of the DNA (Military Police) Database System,] to the national contact point of the designated state concerned for the purposes of conducting an automated comparison of those DNA profiles with the DNA profiles in the DNA analysis files of that designated state to ascertain whether there is a match between any of them.

...

F26[(4) If, following a comparison of DNA profiles under subsection (2), 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 or the DNA (Military Police) Database System, as the case may be, in relation to the DNA profile, in respect of which the match was found, in—

(a) the crime scene index of the DNA Database System, or

(b) the crime scene (Military Police) index of the DNA (Military Police) Database System.]