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

91.

Destruction of sample taken from person under section 45 or 46 and his or her DNA profile

91. (1) When the DNA profile of a person from whom a sample was taken under section 45 or 46 has been compared with a DNA profile that was generated from the crime scene sample concerned, then, subject to subsections (2) and (3), the sample taken from the person, and the DNA profile generated from the sample in respect of the person, shall be destroyed as soon as practicable.

(2) If—

(a) the Commissioner, in the case of a sample taken from a person under section 45 , or

(b) the Director of FSI, in the case of a sample taken from a person under section 46 ,

is satisfied that there is good reason relating to the investigation of a particular offence why the sample taken from the person under section 45 or 46 , as the case may be, or the DNA profile generated from the sample in respect of the person, or both should not be destroyed, he or she may direct that the sample or DNA profile or both shall not be destroyed until a period of not more than 3 months has elapsed after the investigation of that offence is concluded or any proceedings in respect of that offence are determined whichever is the later.

(3) The member of the Garda Síochána who is in charge of the investigation of the offence referred to in subsection (2)shall determine, for the purposes of that subsection, when the investigation of that offence is concluded.

(4) The Commissioner in the case of a person from whom a sample was taken under section 45 , and the Director of FSI in the case of a person from whom a sample was taken under section 46 , shall inform the person by notice in writing if a direction is given by the Commissioner or the Director, as the case may be, under subsection (2) in relation to the DNA profile in respect of the person.