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

98.

Circumstances in which person to be informed of destruction of sample or destruction, or removal from DNA Database System, of DNA profile

98. (1) If, in relation to an intimate sample or a non-intimate sample taken from a person, the retention period under section 76 is extended on one or more occasions under section 77 , the Commissioner shall, upon the expiration of that period (as so extended), cause—

(a) the person from whom the sample concerned was taken, or

(b) if that person is a protected person or a child, a parent or guardian of the person or child, as the case may be,

to be informed by notice in writing as soon as may be after the sample concerned has been destroyed under this Part of its destruction.

(2) If, in relation to the DNA profile of a person that is entered in the reference index of the DNA Database System—

(a) the retention period under section 80 is extended on one or more occasions under section 81 , or

(b) a judge of the District Court makes an order under section 93(1) authorising the retention of the DNA profile in that System for such period as he or she considers appropriate,

the Commissioner shall, upon the expiration of the period (as so extended) concerned, cause—

(i) the person to whom the DNA profile relates, or

(ii) if that person is a protected person or a child, a parent or guardian of the person or child, as the case may be,

to be informed by notice in writing as soon as may be after the removal of the DNA profile from that System of its removal.

(3) The Commissioner shall, in relation to a sample taken under section 27 , 29 , 44 , 48 , 49 or 50 , cause—

(a) the person from whom the sample was taken if he or she applied for or requested—

(i) the destruction of the sample, or

(ii) the destruction, or removal from the DNA Database System, of his or her DNA profile, or both,

and

(b) if appropriate, any other person who applied for or requested—

(i) the destruction of the sample, or

(ii) the destruction, or such removal, of the DNA profile,

or both on behalf of the person referred to in paragraph (a) or the deceased person from whose body the sample was taken, as may be appropriate,

to be informed by notice in writing as soon as may be after the sample has been destroyed under this Part of its destruction, or the destruction of the DNA profile in respect of the person of its destruction or its removal from the DNA Database System under this Part of its removal from that System, or both.

(4) The Commissioner shall inform, or cause to be informed, by notice in writing a person from whom a sample was taken under section 41 , 42 or 45 as soon as may be after the sample has been destroyed under this Part of its destruction, or the removal of the DNA profile in respect of the person from the DNA Database System under this Part of its removal from that System, or both.

(5) The Director of FSI shall inform, or cause to be informed, by notice in writing a person from whom a sample was taken under section 43 or 46 as soon as may be after the sample has been destroyed under this Part of its destruction, or the removal of the DNA profile in respect of the person from the DNA Database System under this Part of its removal from that System, or both.