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

156.

Regulations regarding taking of samples

156. (1) Subject to this Act, the Minister shall make regulations relating to the taking of samples under this Act.

(2) (a) Without prejudice to the generality of subsection (1), the regulations shall, in relation to the taking of samples under Part 4 from child offenders, prescribe arrangements regarding the timing of the taking of such samples from child offenders having regard to—

(i) the desirability, where appropriate, of taking such samples while child offenders are detained in a children detention school or a place of detention,

(ii) in the case of child offenders who are so detained, the desirability of taking such samples at as late a date as is practicable consistent with the requirements of this Act regarding the taking of such samples, and

(iii) the need for child offenders to be of an age at which they have the capacity to understand the general nature and effect of the taking of such samples from them.

(b) Regulations under this subsection may prescribe different arrangements regarding the taking of samples under Part 4 from child offenders of different ages and in respect of child offenders who are detained in a children detention school or a place of detention and those who are not so detained.

(3) Without prejudice to the generality of subsection (1), the regulations may prescribe all or any of the following:

(a) the manner in which samples may be taken under this Act;

(b) the location and physical conditions in which samples may be taken under this Act;

(c) the persons (including members of the Garda Síochána, prison officers, authorised members of the staff of a children detention school or authorised persons), and the number of such persons, who may be present when samples are taken, or to be taken, under this Act;

(d) the manner in which, and by whom, the following shall be recorded in the records of a Garda Síochána station or, in the case of the Ombudsman Commission, the records of the Ombudsman Commission:

(i) an authorisation given by a member of the Garda Síochána under this Act;

(ii) a consent given, a refusal to give consent or a withdrawal of consent by a person (or child) under this Act;

(iii) the giving of information to a person (or child) by a member of the Garda Síochána or an authorised person under this Act;

(iv) a notice sent or given by a member of the Garda Síochána, or sent or given to a member of the Garda Síochána, under this Act;

(v) an application or a request relating to the destruction of a sample, or the removal of a DNA profile from the DNA Database System, or both made under Part 10;

(vi) a notice sent or given by the Commissioner to a person (or child) under section 98 ;

(vii) particulars of the location, time and manner of the taking of a sample authorised to be taken by a member of the Garda Síochána under this Act;

(e) the manner in which, and by whom, the following shall be recorded in the records of a prison:

(i) an authorisation given by the governor of the prison;

(ii) the giving of information to an offender by a prison officer under Part 4;

(iii) particulars of the location, time and manner of the taking of a sample by a prison officer under this Act;

(f) the manner in which, and by whom, the following shall be recorded in the records of a children detention school:

(i) an authorisation given by the Director of the school under this Act;

(ii) the giving of information to a child offender by an authorised member of the staff of the school under Part 4;

(iii) particulars of the location, time and manner of the taking of a sample by an authorised member of the staff of the school under this Act;

(g) the manner in which, and by whom, the following shall be recorded in the records of a place of detention:

(i) an authorisation given by the governor of the place of detention under this Act;

(ii) the giving of information to a child offender by a prison officer in a place of detention under Part 4;

(iii) particulars of the location, time and manner of the taking of a sample by a prison officer in a place of detention under this Act.

Annotations:

Editorial Notes:

E6

Power pursuant to section exercised (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 156) Regulations 2015 (S.I. No. 528 of 2015), in effect as per reg. 1(2).