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

157.

Codes of practice

157. (1) The Commissioner shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking of samples by—

(a) members of the Garda Síochána,

(b) authorised persons, or

(c) other persons who are prescribed for the purpose of taking samples under section 35 , 49 or 50 ,

from persons or bodies of deceased persons, as the case may be, under this Act or causing such samples to be taken.

(2) The Ombudsman Commission shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking by designated officers of the Ombudsman Commission within the meaning of Part 4 of the Act of 2005 of samples from persons under this Act or causing such samples to be taken.

(3) The Director General of the Irish Prison Service of the Department of Justice and Equality shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking by prison officers of samples from persons under this Act or causing such samples to be taken.

(4) The Director of FSI shall, as soon as practicable after the commencement of this section, prepare for submission to the Minister a draft code of practice for the purpose of providing practical guidance as to the procedures regarding the taking by persons who are authorised in writing by the Director of FSI of samples from persons under this Act or causing such samples to be taken.

(5) The National Director of the Irish Youth Justice Service of the Department of Children and Youth Affairs shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking by authorised members of the staff of children detention schools of samples from children under this Act or causing such samples to be taken.

(6) A code of practice prepared under this section shall be submitted to the Minister for approval.

(7) The Minister may approve, or approve subject to modifications, a code of practice submitted to the Minister under subsection (6) and, when a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

(8)(a) A code of practice approved under this section may be amended or revoked.

(b) Amendments to such a code of practice, other than amendments of a minor or technical nature, shall be submitted to the Minister for approval.

(c) If it is proposed to revoke a code of practice approved under this section, the proposed revocation shall be submitted to the Minister for approval.

(9) The Minister may approve, or approve subject to modifications, an amended code of practice submitted to the Minister under subsection (8)(b) and, when such a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

(10) The Minister may approve the revocation of a code of practice.

(11) A code of practice, or an amended code of practice, approved by the Minister under this section shall be made publicly available by the Commissioner or other person or body who prepared it.