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

50.

Taking of samples from bodies of unknown deceased persons

50. (1) A sample may be taken under this section from the body of a deceased person who has not been identified (in this section called an “unknown deceased person”) for the purpose of generating a DNA profile in respect of the person to be entered in the missing and unknown persons index of the DNA Database System to assist with identifying that person.

(2) The coroner to whom the death of the unknown deceased person concerned is reported under the Coroners Act 1962 may authorise the taking of a sample under this section from the body of that person.

(3) An authorisation under subsection (2) shall not be given unless the coroner giving it has reason to believe that the taking of a sample under this section, the generation of a DNA profile from the sample in respect of the unknown deceased person concerned and the entry of a DNA profile in the missing and unknown persons index of the DNA Database System may assist with identifying that person.

(4) The coroner concerned shall inform a member of the Garda Síochána of the rank of superintendent in the Garda Síochána district in which the death of the unknown deceased person occurred or the body of that person was discovered that he or she has given an authorisation under subsection (2).

(5) 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 from the body of the unknown deceased person concerned.

(6) A sample taken from the body of an unknown deceased person that is in the possession of the coroner concerned may be regarded as a sample taken from the body of that person under this section and this section shall, with any necessary modifications, apply to the sample.

(7) A sample taken before the commencement of this section from the body of an unknown deceased person that is in the possession of the Garda Síochána, the Director of FSI or the State Pathologist, or the person acting as such, in the State Pathologist’s Office of the Department of Justice and Equality may be regarded as a sample taken from the body of that unknown deceased person under this section and this section shall, with any necessary modifications, apply to the sample.

(8) Nothing in this section shall prevent the use of a sample taken, or regarded as having been taken, under subsection (5), and the DNA profile generated from it, for the purposes of the investigation of the death of the unknown deceased person concerned and any proceedings arising therefrom.