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

93.

Applications to District Court to retain certain samples and certain DNA profiles beyond retention period

93. (1) If a judge of the District Court is satisfied, on an application in that behalf by the Commissioner made within the retention period under section 80 and any extension of that period under an authorisation given under section 81 , that there is good reason why a DNA profile in respect of a person generated from a sample taken from him or her under section 11 , 12 , 13 , 31 or 32 should not be removed from the DNA Database System in accordance with section 80 within that retention period as so extended, the judge may make an order authorising the retention of the DNA profile in that System for such period as he or she considers appropriate.

(2) If a judge of the District Court is satisfied, on an application in that behalf by the Commissioner made within the retention period under section 84 , that there is good reason why a DNA profile in respect of a person who was a child offender generated from a sample taken from him or her under section 11 , 12 , 13 or 32 should not be removed from the DNA Database System in accordance with section 84 , the judge may make an order authorising the retention of the DNA profile in that System for such period as he or she considers appropriate.

(3) If a judge of the District Court is satisfied, on an application in that behalf by a member of the Garda Síochána not below the rank of superintendent, that there is good reason relating to the investigation of a particular offence in connection with which a sample was taken under section 27 or 29 why that sample and the DNA profile generated from it in respect of the person from whom it was taken should not be destroyed in accordance with section 87(3), the judge may make an order authorising the retention of the sample or the DNA profile or both for such period as he or she considers appropriate.

(4) If—

(a) the Commissioner intends to make an application under subsection (1) or (2), or

(b) a member of the Garda Síochána not below the rank of superintendent intends to make an application under subsection (3),

the Commissioner or the member, as may be appropriate, shall inform, or cause to be informed, by notice in writing the person from whom the sample concerned was taken and, if that person is a protected person or a child, if appropriate, the person who gave consent to the taking of the sample concerned from the protected person or child, as the case may be, of that intention.

(5) If, on an application under subsection (1), (2) or (3), the person from whom the sample concerned was taken, or any other person referred to in subsection (4), applies to be heard by the judge of the District Court, an order shall not be made under this section unless a reasonable opportunity has been given to that person to be heard.

(6) An application under this section shall be heard otherwise than in public.

(7) In determining an application under this section, a judge of the District Court may make such order as to costs as the judge considers appropriate.