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

87.

Destruction of samples taken from persons under Part 3and destruction, or removal from DNA Database System, of their DNA profiles

87. (1) Subject to subsection (2)

(a) a person from whom a sample was taken under section 27 or 29 , or

(b) in the case of a protected person or a child, the person who gave consent under section 54 to the taking of a sample under section 27 or 29 from the protected person or child, as the case may be,

may request the destruction of the sample, or the DNA profile generated from the sample in respect of the person from whom it was taken, or both by notice in writing sent or given to the Commissioner.

(2) Where the DNA profile in respect of a person from whom a sample was taken under section 27 is entered in the reference index of the DNA Database System under section 28 , a request by the person under subsection (1)to have his or her DNA profile destroyed shall be regarded as including a request to have his or her DNA profile removed from that System.

(3) Subject to subsections (4) to (7)and section 93 , a sample taken from a person under section 27 or 29, and the DNA profile generated from the sample in respect of the person from whom it was taken, shall be destroyed not more than 3 months after the receipt by the Commissioner of the notice under subsection (1).

(4) Where the DNA profile in respect of a person from whom a sample was taken under section 27 is entered in the reference index of the DNA Database System under section 28 , the Commissioner may request the person to consent to the removal of the DNA profile in respect of the person from that System and its retention solely for the purposes of the investigation of the particular offence in connection with the investigation of which the sample was taken.

(5) If the person referred to in subsection (4) consents in writing to the retention of his or her DNA profile in relation to the investigation of the particular offence concerned, then, subject to subsection (6), the DNA profile that was generated from the sample in respect of that person shall be removed from the DNA Database System and retained solely for the purposes of the investigation of that offence.

(6) A member of the Garda Síochána shall, before the consent of the person concerned is obtained under subsection (5), inform that person of the following effects of giving that consent:

(a) that the DNA profile in respect of that person generated from the sample that has already been taken from him or her shall be removed from the DNA Database System and retained solely for the purposes of the investigation of the particular offence concerned; and

(b) that the DNA profile in respect of that person may be destroyed in accordance with subsections (1) and (3).

(7) A consent under subsection (5) shall specify the particular offence that is being investigated to which it relates.

(8) Subject to subsection (10), a sample taken from a person under section 27 or 29 , and the DNA profile generated from the sample in respect of the person from whom it was taken, shall, if not previously destroyed, be destroyed not more than 3 months after the investigation of the offence in relation to which the sample was taken is concluded or any proceedings in respect of that offence are determined, whichever is the later.

(9) The member of the Garda Síochána in charge of the investigation of the offence referred to in subsection (8) shall determine, for the purposes of that subsection, when the investigation of that offence is concluded.

(10) Where the DNA profile in respect of a person from whom a sample was taken under section 27 is entered in the reference index of the DNA Database System under section 28 , that DNA profile shall not be removed from that System unless the person makes a request, or is regarded under subsection (2) as having made such a request, to have it so removed and, on such a request being made or regarded as having been made, his or her DNA profile shall be removed as soon as practicable thereafter from that System.