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

68.

Permitted searching

68. (1) A DNA profile entered in the DNA Database System may not be compared with another DNA profile entered in that System except in accordance with this section, unless it is done solely for the purpose of the administration of that System.

(2) A DNA profile entered in the crime scene index of the DNA Database System may be compared with—

(a) the other DNA profiles entered in that index,

(b) the DNA profiles entered in the reference index of that System,

(c) the DNA profiles entered in the elimination (Garda Síochána) index of that System in accordance with subsection (4),

(d) the DNA profiles entered in the elimination (crime scene investigators) index of that System in accordance with subsection (5), or

(e) the DNA profiles entered in the elimination (prescribed persons) index of that System in accordance with subsection (7).

(3) A DNA profile entered in the reference index of the DNA Database System may be compared with—

(a) the other DNA profiles entered in that index,

(b) the DNA profiles entered in the crime scene index of that System, or

(c) the DNA profiles entered in the missing and unknown persons index of that System in accordance with subsection (8).

(4) A DNA profile in respect of a person that is entered in the elimination (Garda Síochána) index of the DNA Database System may be compared with—

(a) the other DNA profiles in that index, or

(b) a DNA profile that is generated from a crime scene sample found at, or recovered from, a particular crime scene and entered in the crime scene index of that System where—

(i) such comparison is necessary in relation to the investigation of an offence to ascertain whether the person has contaminated that crime scene sample, and

(ii) that comparison is in accordance with a direction given by the Director of FSI under subsection (6)(a).

(5) A DNA profile in respect of a person that is entered in the elimination (crime scene investigators) index of the DNA Database System may be compared with—

(a) the other DNA profiles in that index, or

(b) a DNA profile that is generated from a crime scene sample found at, or recovered from, a particular crime scene and entered in the crime scene index of that System where—

(i) such comparison is necessary in relation to the investigation of an offence to ascertain whether the person has contaminated that crime scene sample, and

(ii) that comparison is in accordance with a direction given by the Director of FSI under subsection (6)(b).

(6) (a) The Director of FSI, following consultation with the Commissioner, may, for the purposes of subsection (4)(b), give a general direction in writing regarding the circumstances in which it is necessary for DNA profiles entered in the elimination (Garda Síochána) index of the DNA Database System to be compared with DNA profiles entered in the crime scene index of that System.

(b) The Director of FSI, following consultation with the Commissioner, may, for the purposes of subsection (5)(b), give a general direction in writing regarding the circumstances in which it is necessary for DNA profiles entered in the elimination (crime scene investigators) index of the DNA Database System to be compared with DNA profiles entered in the crime scene index of that System.

(7) A DNA profile in respect of a prescribed person that is entered in the elimination (prescribed persons) index of the DNA Database System may be compared with—

(a) the other DNA profiles in that index, or

(b) a DNA profile that is generated from a crime scene sample found at, or recovered from, a particular crime scene and entered in the crime scene index of that System in such circumstances as may be prescribed.

(8) A DNA profile entered in the missing and unknown persons index of the DNA Database System may be compared with—

(a) the other DNA profiles in that index,

(b) the DNA profiles entered in the crime scene index of that System, or

(c) the DNA profiles entered in the reference index of that System,

but only for the purpose of finding or identifying the missing person, the unknown person or the unknown deceased person concerned.

(9) The DNA Database System may not be searched other than by a member of the staff of FSI, or a DNA profile in that System may not be compared with a DNA profile that is not entered in that System, except in accordance with Chapter 2 of Part 12.