35. (1) A sample may be taken under this section from the body of a deceased person for the purpose of generating a DNA profile in respect of the person to be entered in the reference index of the DNA Database System.

(2) A member of the Garda Síochána not below the rank of superintendent may apply to a judge of the District Court for an order under this section where he or she has reasonable grounds—

(a) for suspecting that a person, who has since died, committed a relevant offence, and

(b) for believing that the taking of a sample from the body of the person, the generation of a DNA profile from the sample in respect of the person and the entry of the DNA profile in the reference index of the DNA Database System would further the investigation of the relevant offence concerned.

(3) A member of the Garda Síochána who intends to make an application under subsection (2) shall inform—

(a) subject to subsection (4) and insofar as it is practicable to do so, a member of the family of the deceased person concerned, and

(b) where the death of the deceased person concerned is reportable to a coroner under the Coroners Act 1962, the coroner to whom it is reportable,

of that intention.

(4) The member of the Garda Síochána referred to in subsection (3) shall not be required to comply with that subsection insofar as it relates to a member of the family of the deceased person concerned if he or she is of opinion that it is not appropriate to do so because of a risk of prejudice to the investigation of the relevant offence concerned.

(5) If, on an application under subsection (2), a judge of the District Court is satisfied that—

(a) there are reasonable grounds for suspecting that the deceased person concerned committed the relevant offence concerned,

(b) there are reasonable grounds for believing that the taking of a sample from the body of the deceased person concerned, the generation of a DNA profile from the sample in respect of that person and the entry of the DNA profile in the reference index of the DNA Database System would further the investigation of the relevant offence concerned, and

(c) it would, in all the circumstances of the case, be in the interests of justice to make an order under this section,

the judge may make an order authorising the Garda Síochána to cause to be taken from the body of the deceased person concerned a sample under this section.

(6) The owner or occupier of the place in which the body of the deceased person concerned is located shall permit entry to the place for the purpose of having a sample under this section taken from the body of that person pursuant to an order under subsection (5).

(7) In addition to an order under subsection (5), a judge of the District Court may, on an application in that behalf by a member of the Garda Síochána not below the rank of superintendent, make such other orders—

(a) authorising the entry and search of a place where it is believed the body of the deceased person concerned is located, and

(b) if appropriate, the seizure of the body of that person,

as are necessary for the taking of the sample concerned.

(8) An order under subsection (7) shall be expressed, and shall operate, to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other persons or both as the member thinks necessary—

(a) to enter, at any time or times within one week of the date of the making of the order, on production if so requested of the order, and if necessary by the use of reasonable force, the place named in the order, and

(b) to search that place to locate the body of the deceased person concerned and, if appropriate, to seize the body of that person.

(9) A sample may be taken under this section from the body of the deceased person concerned and a DNA profile generated in respect of that person and entered in the reference index of the DNA Database System.

(10) If the death of the deceased person concerned is reportable to a coroner under the Coroners Act 1962, the coroner shall facilitate the Garda Síochána regarding the taking of a sample under this section from the body of the deceased person concerned.

(11) Subject to this Act, a registered medical practitioner or other person prescribed for that purpose may take, or cause to be taken, a sample under this section.

(12) When the DNA profile in respect of the deceased person concerned is entered in the DNA Database System, it may be compared with other DNA profiles in that System in accordance with section 68(3).

(13) When the comparison of the DNA profile in respect of the deceased person concerned under subsection (12) has been completed, then, subject to subsection (14), the sample taken under this section from the body of that person shall be destroyed, and the DNA profile shall be removed from the DNA Database System, as soon as practicable.

(14) If the member of the Garda Síochána in charge of the investigation of the relevant offence of which the deceased person concerned is suspected is satisfied that the sample and the DNA profile in respect of that deceased person should not be destroyed, the sample and the DNA profile may be retained for the purposes of that investigation for such period as he or she considers appropriate.

(15) Nothing in this section shall authorise the exhumation of the body of a deceased person.

(16) In this section “place” includes a dwelling.