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

56.

Application for court order authorising taking of certain samples under Parts 3 and 6 from protected person or child

56. (1) In the circumstances referred to in subsection (4) or (7) of section 54 , a member of the Garda Síochána not below the rank of inspector may apply to a judge of the District Court for an order authorising the taking of a sample under section 27 , 29 or 48 , as the case may be, from the protected person or child concerned.

(2) A judge of the District Court shall, for the purposes of determining an application under subsection (1), have regard to the following before making an order under this section:

(a) if the sample concerned is required for the purposes of the investigation of a particular offence, the nature and seriousness of that offence;

(b) the best interests of the protected person or child concerned;

(c) in so far as they can be ascertained, the wishes of the protected person or child (in the case of a child referred to in section 54(2)(b)(ii)) concerned regarding whether the sample concerned should be taken from him or her;

(d) whether the taking of the sample concerned is justified in all the circumstances of the case.

(3) A judge of the District Court may, if he or she considers it appropriate to do so, make an order authorising the taking of the sample concerned from the protected person or child concerned in accordance with Part 3 or 6, as the case may be.