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

168.

Procedures that may be used for transmission of certain samples for forensic testing

168.

(1) A relevant sample may be placed in a tamper-evident container.

(2) Whenever a relevant sample is placed in a tamper-evident container under subsection (1), the tamper-evident container shall be sealed immediately.

(3) The person who, under subsection (2), seals a tamper-evident container containing a relevant sample shall—

(a) ensure that a unique number for the purpose of facilitating the identification of the sample is marked on the tamper-evident container,

(b) ensure that particulars regarding the type of sample concerned are recorded on the tamper-evident container or on the relevant sample or anything attached to or enclosing it, and

(c) record his or her name, and the date of sealing the tamper-evident container, thereon.

(4) Where the procedures referred to in subsections (1) to (3) have been completed, a member of the Garda Síochána shall forward, or cause to be forwarded, the sealed tamper-evident container containing the relevant sample concerned for forensic testing.

(5) In any criminal proceedings, it shall be presumed until the contrary is shown, that subsections (1) to (4) have been complied with in relation to a relevant sample.

(6) In this section and in section 169

“crime scene sample” means any substance or material (or a sample thereof) found at, or recovered from, a crime scene with a view to having it forensically tested;

“forensic testing”, in relation to a relevant sample, means the examination and analysis of the sample and the carrying out of biochemical or other scientific tests and techniques used in connection with the detection and investigation of crime or the identification of persons or bodies, as may be appropriate, on the sample and, if appropriate, includes the generation of a DNA profile from the sample in respect of a person;

“relevant sample” means—

(a) an intimate sample,

(b) a non-intimate sample, or

(c) a crime scene sample;

“tamper-evident container”, in relation to a relevant sample, means a container, whether comprising a tube, envelope, bag or other receptacle, into which the sample is placed and which—

(a) is marked with a unique number for the purpose of facilitating the identification of the sample,

(b) is sealable after the sample is placed in it without interfering with the integrity of the sample, and

(c) once sealed cannot be opened, whether by cutting, tearing or other means, without leaving visible evidence of having been opened or of an attempt having been made to do so.