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

29.

Taking of samples for mass screening

29. (1) A sample may be taken under this section from a person who is one of a class of persons to whom an authorisation for a mass screening given under subsection (2) applies for the purpose of generating a DNA profile in respect of the person in relation to the investigation of a particular relevant offence.

(2) A member of the Garda Síochána not below the rank of chief superintendent may authorise the mass screening of a class of persons in accordance with this section for the purposes of the investigation of a relevant offence if the member has reasonable grounds for believing that the mass screening of that class of persons—

(a) is likely to further the investigation of the offence, and

(b) is a reasonable and proportionate measure to be taken in the investigation of the offence.

(3) A class of persons for the purposes of a mass screening may be determined by reference to one or more of the following:

(a) the sex of the persons;

(b) the age of the persons;

(c) the kinship of the persons;

(d) a geographic area in which the persons reside or work;

(e) a period of time during which the persons did anything or were at any place;

(f) such other matter as the member of the Garda Síochána giving the authorisation for the mass screening concerned considers appropriate.

(4) Subject to sections 53 and 55 , a member of the Garda Síochána or an authorised person shall inform a person of the following before seeking his or her consent to the taking of a sample under this section or the member or authorised person takes, or causes to be taken, a sample under this section from him or her:

(a) that an authorisation for a mass screening has been given under subsection (2) and that the person is one of the class of persons to whom it applies;

(b) the purpose of the mass screening that has been authorised;

(c) that the person is not obliged to have the sample taken from him or her;

(d) in a case in which a sample already taken under this section from the person has proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 30 a second or further sample is required to be taken from him or her—

(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and

(ii) that a second or further sample is, in accordance with section 30 , to be taken from him or her;

(e) that the sample will be used to generate a DNA profile in respect of the person for the purposes of the investigation of the particular relevant offence in relation to which the sample is being taken; and

(f) that the sample and the DNA profile generated from the sample in respect of the person may be destroyed in accordance with Part 10.

(5) Subject to sections 54 and 56 , a person shall, before a sample is taken from him or her under this section, consent in writing to the taking of the sample and the consent shall refer to the authorisation for a mass screening concerned.

(6) Subject to this Act, a member of the Garda Síochána or an authorised person may take, or cause to be taken, a sample under this section from a person who is one of a class of persons to whom an authorisation for a mass screening given under subsection (2) applies.

(7) A sample may be taken under this section from a person who is one of a class of persons to whom an authorisation for a mass screening given under subsection (2) applies in a Garda Síochána station or other place nominated by a member of the Garda Síochána not below the rank of sergeant or, subject to the agreement of the member of the Garda Síochána or the authorised person taking the sample, at a place designated by the person from whom the sample is to be taken.

(8) Subject to section 58 , if a person expressly withdraws consent given under subsection (5) (or if the withdrawal of that consent can reasonably be inferred from the conduct of the person) before or during the taking of a sample under this section, that withdrawal of consent shall be treated as a refusal to give consent to the taking of the sample under this section.

(9) A withdrawal under subsection (8) of consent given under subsection (5) shall be confirmed in writing as soon as practicable after such withdrawal.

(10) A refusal of a person to give consent under subsection (5) shall not of itself constitute reasonable cause for a member of the Garda Síochána to suspect the person of having committed the relevant offence concerned for the purpose of arresting and detaining him or her under any of the provisions referred to in section 9(1) in connection with the investigation of that offence.