49. (1) A sample may be taken under this section from a person who is seriously ill or severely injured and who, by reason of the illness or injury, is unable to identify himself or herself (in this section called an “unknown person”) for the purpose of generating a DNA profile in respect of the unknown person to be entered in the missing and unknown persons index of the DNA Database System to assist with identifying that person.

(2) A person referred to in subsection (4) may, following consultation, in the case of a person referred to in paragraph (a) or (b) of that subsection, with a member of the Garda Síochána not below the rank of inspector, make an application to the High Court for an order authorising the Commissioner to cause a sample to be taken under this section from an unknown person.

(3) An application to the High Court under subsection (2) shall not be made in relation to an unknown person unless—

(a) a registered medical practitioner is satisfied following an examination of the unknown person, and so certifies in writing, that that person is suffering from a serious illness, or has sustained a severe injury, by reason of which he or she is unable to identify himself or herself and that that inability is likely to endure for a prolonged period, and

(b) the unknown person, other than a child or a protected person, has been consulted regarding the making of the application, in so far as such consultation is possible having regard to the nature and extent of the illness or injury of that person, and he or she has not indicated that he or she does not wish the application to be made.

(4) Any of the following persons may, in relation to an unknown person, make an application to the High Court under subsection (2) in relation to the unknown person:

(a) the Health Service Executive;

(b) the owner or manager of a hospital or nursing home in which the unknown person is receiving care;

(c) the Commissioner.

(5) The High Court shall, on an application under subsection (2), make an order authorising the Commissioner to cause a sample to be taken under this section from the unknown person concerned if the Court considers that it is in the best interests of that person to be identified and the Court is satisfied—

(a) by the evidence of a registered medical practitioner that the unknown person is suffering from a serious illness, or has sustained a severe injury, by reason of which he or she is unable to identify himself or herself and that that inability is likely to endure for a prolonged period,

(b) that the taking of a sample from the unknown person under this section, the generation of a DNA profile from the sample in respect of him or her and the entry of the DNA profile in the missing and unknown persons index of the DNA Database System may assist with the identification of the unknown person, and

(c) that, if appropriate, the unknown person has been consulted regarding the making of the application in accordance with subsection (3)(b) and that he or she has not indicated that he or she did not wish the application to be made.

(6) Subject to this Act, a registered medical practitioner, a registered nurse or other person prescribed for that purpose may take, or cause to be taken, from the unknown person concerned a sample under this section.

(7) An order of the High Court under subsection (5) shall, for the purposes of section 51(1), be regarded as authorising the re-taking of a sample under this section from the unknown person concerned.