Legalize / Ireland / Act

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

Type Act

Publication 2014-06-22

Last updated 2025-04-02

State In force

Source Irish Statute Book

articles 172

Reform history JSON API

52. Nothing in this Part shall affect—

(a) the operation of any provision of any other enactment, or

(b) the exercise of any power by a member of the Garda Síochána or any other person or body under any other enactment or the common law,

relating to the investigation of offences or investigations relating to the deaths of deceased persons.

PART 7 Taking of Certain Samples under Parts 3 and 6 from Protected Persons or Children

53. Giving of information under Parts 3 and 6 to protected persons or children

53. (1) The information to be given under section 27(3), 29(4) or 48(6) shall, in the case of a protected person, be given insofar as it is practicable to do so in a manner and in language that are appropriate to the level of understanding of the person.

(2) The information to be given under section 27(3), 29(4) or 48(6) shall, in the case of a child, be given insofar as it is practicable to do so in a manner and in language that are appropriate to the age and level of understanding of the child.

54. (1) The references in subsection (4) of section 27, subsection (5) of section 29 and subsection (7) of section 48 to the consent in writing of a person from whom a sample may be taken under any of those sections shall, in the case of a child who has attained the age of 16 years, be construed as references to the consent in writing of the child.

(2) Subject to subsections (3) to (8), the references in subsection (4) of section 27, subsection (5) of section 29 and subsection (7) of section 48 to the consent in writing of a person from whom a sample may be taken under any of those sections shall, in the case of a protected person or a child who has not attained the age of 16 years, be construed as references to—

(a) in the case of a protected person, the consent in writing of a parent or guardian of the person, and

(b) in the case of such a child (other than a protected person)—

(i) who has attained the age of 14 years, the consent in writing of the child and of a parent or guardian of the child,

(ii) who has not attained the age of 14 years, the consent in writing of a parent or guardian of the child.

(3) If the consent in writing of a parent or guardian of a protected person, or of a child referred to in subsection (2)(b), to the taking of the sample concerned from the protected person or child, as the case may be, cannot be obtained, a grandparent, or a brother or sister who is an adult, of the protected person or child or a child who is an adult of the protected person may, subject to subsection (5), give that consent.

(4) If—

(a) the consent in writing of a parent or guardian, a grandparent, a brother or sister who is an adult of a protected person or a child referred to in subsection (2)(b), or the consent in writing of a child who is an adult of the protected person, to the taking of the sample concerned from the protected person or child, as the case may be, cannot be obtained, and

(b) in the case of a child referred to in subsection (2)(b)(i), the child has consented in writing to the taking of the sample concerned from him or her,

an application may be made to a judge of the District Court under section 56 for an order to authorise the taking of that sample from the protected person or child, as the case may be, without the consent referred to in paragraph (a).

(5) Where, in relation to the investigation of an offence, a sample is to be taken under section 27, 29 or 48 from a protected person or a child, the consent in writing of a parent or guardian, or other relative referred to in subsection (3), as the case may be, of the protected person or child to the taking of the sample concerned from the person or child shall not be sought from a parent or guardian, or such a relative, of the person or child, as the case may be, if—

(a) the parent, guardian or relative has been arrested in respect of the offence,

(b) a member of the Garda Síochána not below the rank of inspector has reasonable grounds for suspecting him or her of complicity in the offence, or

(c) a member of the Garda Síochána not below the rank of inspector has reasonable grounds for believing that he or she is likely to obstruct the course of justice.

(6) Subject to subsection (7), subsection (5) shall not prevent a parent or guardian, or other relative referred to in subsection (3), of a protected person or a child who does not fall under paragraph (a),(b) or(c) of subsection (5) from giving the consent required for the taking of the sample concerned from the person or child, as the case may be.

(7) If the circumstances referred to in subsection (5) exist in relation to a parent or guardian of a protected person or a child referred to in subsection (2)(b), then, subject to subsection (6) applying to another parent or guardian of the protected person or child, an application may be made to a judge of the District Court under section 56 for an order to authorise the taking of the sample concerned from the protected person or child, as the case may be, without the consent of a parent or guardian of the person or child provided that, in the case of a child referred to in subsection (2)(b)(i), the child has consented in writing to the taking of the sample concerned from him or her.

(8) In this section references to circumstances in which the consent of a parent or guardian, or other relative, of a protected person or child to the taking of a sample under section 27, 29 or 48, as the case may be, from the protected person or child, as the case may be, cannot be obtained shall be construed as references to either of the following:

(a) a member of the Garda Síochána is unable, having made reasonable efforts to do so, to contact a parent or guardian, or other relative, of the protected person or child for the purposes of ascertaining whether or not he or she consents to the taking of the sample concerned from the protected person or child; or

(b) the protected person or child does not have, or a member of the Garda Síochána cannot, having made reasonable efforts to do so, ascertain whether he or she has, a living parent or guardian, or other relative, from whom consent to the taking of the sample concerned from the protected person or child, as the case may be, may be sought.

55. Information to be given to parents or guardians of protected persons or children or to others regarding certain samples under Parts 3 and 6

55. (1) If a member of the Garda Síochána or an authorised person is of opinion that a person from whom a sample under section 27, 29 or 48 is to be taken is a protected person, then, subject to subsection (5) of section 54, before the member or authorised person seeks the consent of a parent or guardian, or other relative referred to in subsection (3) of that section, of the protected person to the taking of such a sample, the member or authorised person, as the case may be, shall (in addition to informing the protected person) inform the parent or guardian, or the other relative concerned, of the protected person of the matters referred to in section 27(3), 29(4) or 48(6), as the case may be, in relation to that person.

(2) Subject to subsection (5) of section 54, before a member of the Garda Síochána or an authorised person seeks the consent of a parent or guardian, or other relative referred to in subsection (3) of that section, of a child who has not attained the age of 16 years from whom a sample under section 27, 29 or 48 is to be taken to the taking of such a sample, the member or authorised person, as the case may be, shall (in addition to informing the child) inform the parent or guardian, or the other relative concerned, of the child of the matters referred to in section 27(3), 29(4) or 48(6), as the case may be, in relation to the child.

56. Application for court order authorising taking of certain samples under Parts 3 and 6 from protected person or child

56. (1) In the circumstances referred to in subsection (4) or (7) of section 54, a member of the Garda Síochána not below the rank of inspector may apply to a judge of the District Court for an order authorising the taking of a sample under section 27, 29 or 48, as the case may be, from the protected person or child concerned.

(2) A judge of the District Court shall, for the purposes of determining an application under subsection (1), have regard to the following before making an order under this section:

(a) if the sample concerned is required for the purposes of the investigation of a particular offence, the nature and seriousness of that offence;

(b) the best interests of the protected person or child concerned;

(c) in so far as they can be ascertained, the wishes of the protected person or child (in the case of a child referred to in section 54(2)(b)(ii)) concerned regarding whether the sample concerned should be taken from him or her;

(d) whether the taking of the sample concerned is justified in all the circumstances of the case.

(3) A judge of the District Court may, if he or she considers it appropriate to do so, make an order authorising the taking of the sample concerned from the protected person or child concerned in accordance with Part 3 or 6, as the case may be.

57. Taking of certain samples under Parts 3 and 6 from protected persons or children

57. (1) Subject to subsection (2), a sample under section 27, 29 or 48 shall, if it is reasonably practicable to do so, be taken from a protected person or a child who has not attained the age of 16 years in the presence of—

(a) the person who, in accordance with section 54, gave consent for the taking of the sample concerned from the protected person or child, as the case may be, or

(b) a relative of the protected person or child, if an order is made under section 56 to authorise the taking of the sample,

unless the protected person or child indicates that he or she does not wish to have that person present.

(2) Notwithstanding that consent to take a sample under section 27, 29 or 48 from a protected person or a child has been given in accordance with section 54, or an order has been made under section 56 by a judge of the District Court authorising the taking of such a sample, the sample shall not be taken from the protected person or child, as the case may be, if he or she objects to or resists the taking of the sample.

58. (1) The references in subsection (7) of section 27, subsection (8) of section 29 and subsection (9) of section 48 to the withdrawal of consent by a person from whom a sample may be taken under any of those sections shall, in the case of a child who has attained the age of 16 years, be construed as references to the withdrawal of consent by the child.

(2) The references in subsection (7) of section 27, subsection (8) of section 29 and subsection (9) of section 48 to the withdrawal of consent by a person from whom a sample may be taken under any of those sections shall, in the case of a protected person or a child who has not attained the age of 16 years, be construed as references to—

(a) in the case of a protected person, the withdrawal of consent by a parent or guardian, or other relative referred to in section 54(3), of the person who gave the consent that is being withdrawn, and

(b) in the case of such a child—

(i) who has attained the age of 14 years, the withdrawal of consent by the child or by a parent or guardian, or other relative referred to in section 54(3), of the child who gave the consent that is being withdrawn,

(ii) who has not attained the age of 14 years, the withdrawal of consent by a parent or guardian, or other relative referred to in section 54(3), of the child who gave the consent that is being withdrawn.

PART 8 DNA Database System

Chapter 1

59. DNA Database System

59. (1) The Director of FSI shall, as soon as may be after the commencement of this section, establish in accordance with this Part a database to be known as the DNA Database System (in this Act called the “DNA Database System”).

(2) The DNA Database System shall comprise the following 2 divisions:

(a) the investigation division; and

(b) the identification division.

(3) The investigation division of the DNA Database System (in this Part called “the investigation division”) shall contain the following indexes of DNA profiles and information that may be used to identify the person from whose biological material each DNA profile was generated:

(a) the crime scene index;

(b) the reference index;

(d) the elimination (crime scene investigators) index; and

(e) the elimination (prescribed persons) index.

(4) The identification division of the DNA Database System (in this Part called “the identification division”) shall contain the missing and unknown persons index of DNA profiles and information that may be used—

(a) to identify or describe the person from whose biological material each DNA profile was generated, and

(b) in the case of the DNA profile of a blood relative of a missing person that is entered in that index, to associate that DNA profile with the missing person.

60. Purposes of DNA Database System

60. (1) The DNA Database System shall be used only for the following purposes:

(a) the investigation and prosecution of criminal offences;

(b) the finding or identification of missing persons, the identification of seriously ill, or severely injured, persons who are unable by reason of the illness or injury to indicate their identity or the identification of the bodies of unknown deceased persons.

(2) Without prejudice to the generality of subsection (1), the DNA Database System may be used for all or any of the following:

(a) the conduct of permitted searching under section 68;

(b) the automated searching for, or automated comparison of, certain DNA profiles in the System with other DNA profiles in accordance with Chapter 2 of Part 12;

(c) where appropriate, the transmission or provision to a person or body under section 4 of DNA profiles in the reference index of that System, other than DNA profiles entered in that index of that System under section 28;

(d) the entry in or transmission from the System of DNA profiles under Chapter 7 of Part 12;

(e) the facilitation of the performance by the Committee of its functions under Part 9 in relation to the management and operation of the System;

(f) the compilation of statistics on the operation of the System under section 69;

(g) the facilitation of a review of an alleged miscarriage of justice under section 2 of the Criminal Procedure Act 1993;

(h) any other related purpose.

Chapter 2

61. Crime scene index

61. (1) The crime scene index in the investigation division of the DNA Database System (in this Part called “the crime scene index”) shall comprise the DNA profiles of persons—

(a) generated from samples of biological material found at, or recovered from, a crime scene whether before or after the commencement of this section, and

(b) received and entered in that index under Chapter 7 of Part 12.

(2) For the purposes of this Act, a crime scene, in relation to an offence or suspected offence, means all or any of the following (whether within or outside the State):

(a) a place—

(i) where the offence or suspected offence was, or is reasonably suspected of having been, committed, or

(ii) where there is, or may be, evidence of, or relating to, the commission of the offence or suspected offence that was, or is reasonably suspected of having been, committed elsewhere,

and includes a place that is designated as a crime scene by a direction given under section 5 of the Criminal Justice Act 2006 that is in force;

(b) the body of the victim, whether living or deceased, of the offence or suspected offence;

(c) anything worn or carried by or in contact with the victim, or a person reasonably considered to be a victim, at the time the offence or suspected offence was, or is reasonably suspected of having been, committed;

(d) the body of any other person who was, or is reasonably suspected of having been, connected with the commission of the offence or suspected offence;

(e) anything (including a mode of transport) that was, or is reasonably suspected of having been, connected with the commission of the offence or suspected offence.

62. Reference index

62. The reference index in the investigation division of the DNA Database System shall comprise the DNA profiles of persons—

(a) generated from samples taken from persons under sections 11, 12, 13, 31, 32, 34 and 35 and entered in that index under those sections,

(b) generated from samples taken from persons under section 27 and entered in that index under section 28,

(d) received and entered in that index under Chapter 7of Part 12.

63. Elimination (Garda Síochána) index

63. The elimination (Garda Síochána) index in the investigation division of the DNA Database System shall comprise the DNA profiles of persons—

(a) generated from samples taken from persons under section 41and entered in that index under that section, and

(b) transferred to that index under section 42(7).

64. Elimination (crime scene investigators) index

64.The elimination (crime scene investigators) index in the investigation division of the DNA Database System shall comprise the DNA profiles of persons—

(a) generated from samples taken from persons under sections 42 and 43 and, where appropriate, section 44 and entered in that index under those sections, and

(b) transferred to that index under section 41(7).

65. Elimination (prescribed persons) index

65. The elimination (prescribed persons) index in the investigation division of the DNA Database System shall comprise the DNA profiles of persons generated from samples taken from certain persons under section 44 and entered in that index under that section.

Chapter 3

66. Missing and unknown persons index

66. The missing and unknown persons index in the identification division of the DNA Database System shall comprise the DNA profiles of persons—

(a) generated from samples taken from, or in relation to, persons or the bodies of deceased persons, as may be appropriate, under sections 48, 49 and 50, and

(b) received and entered in that index under Chapter 7 of Part 12.

Chapter 4

67. Functions of Director of FSI in relation to DNA Database System

67. (1) The Director of FSI shall establish and operate the DNA Database System in accordance with this Act.

(2) Without prejudice to the generality of subsection (1), the Director of FSI shall perform, or cause to be performed, the following functions in relation to the DNA Database System:

(a) the generation of DNA profiles from the samples taken under this Act;

(b) if appropriate, the entry of the DNA profiles generated in the appropriate division and index of the System;

(c) the searching of the System in accordance with section 68 to ascertain whether there is a match between two DNA profiles in the System;

(d) the reporting to the Garda Síochána, the F26[Police Ombudsman] or a coroner, as may be appropriate, the results of searches of the System;

(e) the automated searching for, or automated comparison of certain DNA profiles in the System with other DNA profiles in accordance with Chapter 2 of Part 12;

(f) where appropriate, the making available of certain DNA profiles in the System for transmission or provision to a person or body under section 4;

(g) the entry in or transmission from the System of DNA profiles under Chapter 7 of Part 12;

(h) the destruction of samples taken under this Act in accordance with Part 10;

(i) the removal of DNA profiles from the System in accordance with Part 10 or for the purpose of the administration of the System;

(j) the maintenance of the security of the DNA profiles and information in the System in accordance with this Act.

(3) Subject to subsection (4), the Director of FSI may make such arrangements, including contractual arrangements, as he or she considers appropriate with such other laboratories (whether within or outside the State) for the performance of the function under subsection (2)(a) or the performance of that function in any particular case or class of cases.

(4) Arrangements under subsection (3) shall be subject to compliance with the requirements of this Act and such terms and conditions as may be agreed.

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

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.

69. Statistics

69. Nothing in this Act shall prevent a member of the staff of FSI from processing and using the information in the DNA Database System for statistical purposes and analysis provided the identity of the persons whose DNA profiles are entered in the System is not disclosed otherwise than in accordance with this Act.

70. Annual report of Director of FSI in relation to DNA Database System

70. (1) The Director of FSI shall as soon as may be, but not later than 4 months, after the end of each year make a report in writing to the Minister regarding the performance by him or her of the functions assigned to him or her by this Act during that year, and the Minister shall as soon as may be after the receipt by him or her of the report cause a copy of the report to be laid before each House of the Oireachtas and to be published in such manner as the Minister considers appropriate.

(2) A report made under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.

(3) Notwithstanding subsection (1), if, but for this subsection, the first report under that subsection would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 4 months, after the end of that year.

PART 9 DNA Database System Oversight Committee

71. DNA Database System Oversight Committee

71. (1) Upon the commencement of this section, a committee which shall be known as An Coiste Formhaoirsithe um an gCóras Bunachair Sonraí DNA or, in the English language, as the DNA Database System Oversight Committee (in this Act referred to as “the Committee”) shall stand established to perform the functions assigned to it by this Act.

(2) Subject to this Part, the Committee shall be independent in the performance of its functions.

(3) Schedule 1 shall have effect in relation to the Committee.

72. Functions of Committee

72. (1) The Committee shall oversee the management and operation of the DNA Database System for the purposes of maintaining the integrity and security of the System and shall, for those purposes, satisfy itself that the provisions of this Act in relation to the System are being complied with.

(2) Without prejudice to the generality of subsection (1), the Committee shall oversee—

(a) the arrangements employed by the Director of FSI in relation to the receipt, handling, transmission and storage of samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System,

(b) the procedures employed by the Director of FSI in relation to the generation of DNA profiles from the samples taken under this Act, and the quality control and quality assurance of those procedures, to ensure that they comply with international best practice,

(c) the measures employed by the Director of FSI to ensure that the DNA Database System is not improperly accessed by any person, that the DNA profiles and information entered in the System are used only for the purposes permitted by this Act and that they are not improperly disclosed to any person,

(d) the means by which the results of searches of the DNA Database System are reported by the Director of FSI to the Garda Síochána, the F28[Police Ombudsman] or a coroner, as may be appropriate,

(e) the practices and procedures employed by the Director of FSI to ensure that samples taken under this Act for the purpose of generating DNA profiles for entry in the DNA Database System are destroyed, and the DNA profiles generated from those samples are removed from that System, in accordance with Part 10,

(f) the practices and procedures employed by the Director of FSI in the operation of Chapters 2 and 7 of Part 12, and

(g) the practices and procedures employed by the Director of FSI in the operation of section 4.

(3) The Committee shall, in the performance of its functions under subsections (1) and (2), make such recommendations as it considers appropriate in relation to the management and operation of the DNA Database System to the Minister and the Director of FSI, as may be appropriate.

(4) The Committee may, and if so requested by the Minister shall, review any matter relating to the management and operation of the DNA Database System and shall submit a report in writing of any such review to the Minister.

(5) Subject to subsections (6) and (7), the Minister shall, as soon as practicable after receiving a report under subsection (4), cause a copy of it to be laid before each House of the Oireachtas and to be published in such manner as the Minister considers appropriate.

(6) The Minister may, when laying a copy of a report received by him or her under subsection (4) before each House of the Oireachtas or publishing the report, omit any matter from the copy of the report that is so laid or published if he or she is of opinion that the disclosure of the matter—

(a) would be prejudicial to the security of the DNA Database System, the security of the State or the investigation of criminal offences, or

(b) may infringe the constitutional rights of any person.

(7) If a matter is omitted in accordance with subsection (6) from a report received by the Minister under subsection (4), a statement to that effect shall be attached to the copy of the report when it is laid before each House of the Oireachtas or is published.

73. Cooperation with Committee

73. (1) The Director and the other members of the staff of FSI shall cooperate with the Committee in relation to the performance by the Committee of its functions under this Act.

(2) The Director and the other members of the staff of FSI shall, for the purposes of subsection (1) furnish the Committee with such information as it may request and which, in the opinion of the Committee, is required for the performance of its functions.

(3) The Committee may, whenever it considers it appropriate to do so, request the Garda Síochána and the F30[Police Ombudsman] to furnish information to it that is required for the performance of its functions under this Act.

(4) The Garda Síochána and the F30[Police Ombudsman] shall comply with a request under subsection (3).

(5) Nothing in any other enactment shall prohibit the disclosure of relevant factual information either to or by the Committee.

74. Annual report of Committee

74. (1) The Committee shall as soon as may be, but not later than 6 months, after the end of each year make a report in writing to the Minister regarding the performance by the Committee of the functions assigned to it by this Act during that year.

(2) A report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.

(3) Subject to subsection (4), the Minister shall, as soon as practicable after receiving a report under this section, cause a copy of it to be laid before each House of the Oireachtas and to be published in such manner as the Minister considers appropriate.

(4) Subsections (6) and (7) of section 72 shall, with any necessary modifications, apply to a report received by the Minister under this section as they apply to a report received by him or her under subsection (4) of that section.

(5) Notwithstanding subsection (1), if, but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 6 months, after the end of that year.

PART 10 Destruction of Samples and Destruction, or Removal from DNA Database System, of DNA Profiles

Chapter 1

75. Interpretation (Chapter 1)

75. (1) In this Chapter—

“civil partner” has the meaning it has in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“cohabitant”, in relation to a person, means another person who is neither married to the person nor a civil partner of the person who is living with the person as a husband or wife, or as a civil partner, of the person;

“vulnerable person” means a person, other than a child, whose capacity to guard himself or herself against violence, exploitation or abuse, whether physical, sexual or emotional, by another person is significantly impaired through—

(a) a physical disability, illness or injury,

(b) a disorder of the mind, whether as a result of mental illness or dementia, or

(2) For the purposes of this Chapter a person shall be regarded as associated with another person if—

(a) he or she is a spouse or a former spouse of the person,

(b) he or she is a civil partner or a former civil partner of the person,

(d) he or she is a relative of the person, or

(e) he or she has or has had an intimate personal relationship with the person for a significant period of time.

76. Destruction of intimate samples and non-intimate samples in certain circumstances

76. (1) Subject to section 77, an intimate sample or a non-intimate sample taken from a person shall, if not previously destroyed, be destroyed in any of the following circumstances not later than the expiration of the period of 3 months from the date on which such circumstances first apply to the person:

(a) where proceedings for a relevant offence—

(i) are not instituted against the person within the period of 12 months from the date of the taking of the sample concerned, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or

(ii) have been instituted and—

(I) the person is acquitted of the relevant offence,

(II) the charge against the person in respect of the relevant offence is dismissed under section 4E of the Criminal Procedure Act 1967, or

(III) the proceedings for the relevant offence are discontinued;

(b) the person is the subject of an order under section 1(1) of the Probation of Offenders Act 1907 in respect of the relevant offence concerned in connection with which the sample concerned was taken and he or she has not been convicted of a relevant offence during the period of 3 years from the making of the order under that Act;

(c) subject to subsection (2), the person is the subject of an order under section 1(2) of the Probation of Offenders Act 1907 in respect of the relevant offence concerned in connection with which the sample concerned was taken and he or she has not been convicted of a relevant offence during the period of 3 years from the making of the order under that Act;

(d) the person’s conviction for the relevant offence concerned in connection with which the sample concerned was taken is quashed;

(e) the person’s conviction for the relevant offence concerned in connection with which the sample concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993.

(2)Subsection (1)(c) shall not apply to an order under section 1(2) of the Probation of Offenders Act 1907 discharged on the appeal of a person against conviction for the relevant offence concerned if on appeal his or her conviction is affirmed.

(3) For the purposes of this section the “retention period”, in relation to an intimate sample or a non-intimate sample, means the period from the taking of the sample concerned from a person to the latest date for the destruction of that sample under subsection (1).

77. Extension of retention period under section 76 for intimate samples and non-intimate samples in certain circumstances

77. (1) An intimate sample or a non-intimate sample taken from a person shall not be destroyed under section 76 in any case in which the Commissioner determines that any of the following circumstances apply:

(a) a decision has not been taken whether or not to institute proceedings against the person for the offence concerned in connection with which the sample concerned was taken;

(b) the investigation of that relevant offence has not been concluded;

(c) the sample concerned, and the results of any forensic testing of it, are likely to be required for the prosecution of an offence connected with the event, incident or circumstances the subject of the relevant offence concerned—

(i) for use as evidence in such proceedings,

(ii) for disclosure to, or use by, a defendant in such proceedings, or

(iii) to support the admissibility of any evidence on which the prosecution may seek to rely in such proceedings;

(d) having regard to the matters specified in subsection (2), the Commissioner believes it is necessary to retain the sample concerned in connection with the investigation of the relevant offence concerned taking account of all the circumstances of the case and the reasons why—

(i) proceedings for that offence have not been instituted against the person, or

(ii) if such proceedings have been instituted against the person, they were determined without he or she being convicted of the relevant offence concerned or he or she being the subject of an order under section 1(1) of the Probation of Offenders Act 1907.

(2) The matters referred to in subsection (1)(d) to which the Commissioner shall have regard are the following:

(a) whether the person concerned has any previous conviction for an offence similar in nature or gravity to the relevant offence concerned in connection with which the sample concerned was taken from him or her;

(b) the nature and seriousness of that relevant offence;

(i) a child,

(ii) a vulnerable person, or

(iii) associated with the person,

at the time of the commission, or alleged commission, of that relevant offence; and

(d) any other matter that the Commissioner considers appropriate for the purposes of the determination.

(3) If, in relation to an intimate sample or a non-intimate sample taken from a person, the Commissioner determines that one of the paragraphs of subsection (1) applies, then, he or she may, during the retention period referred to in section 76, give an authorisation to extend that period by a period of 12 months.

(4) The Commissioner may, while an authorisation under subsection (3) or this subsection, as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a period of 12 months commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she determines that one of the paragraphs of subsection (1) applies.

(5) Whenever the Commissioner gives an authorisation under subsection (3) or (4), he or she shall, in relation to an intimate sample or a non-intimate sample taken from a person that is the subject of the authorisation, cause—

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

(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 that the authorisation has been given under subsection (3) or (4), as may be appropriate, the date on which that authorisation was given and of the right of appeal under subsection (6).

(6) The person to whom the authorisation concerned relates (in this section called “the appellant”) or, if that person is a child or a protected person, a parent or guardian on his or her behalf may, within the period of 3 months from the date of the notice under subsection (5) concerned, appeal to the District Court against that authorisation.

(7) An appeal under subsection (6) shall—

(a) be on notice to the Commissioner, and

(b) be heard otherwise than in public.

(8) If, on an appeal under subsection (6), the District Court—

(a) confirms the authorisation concerned, or

(b) allows the appeal,

the Commissioner shall give effect to the decision of the Court.

(9) The jurisdiction conferred on the District Court by this section shall be exercised by a judge of the District Court who is assigned to the district court district in which the appellant ordinarily resides or, if the appellant does not ordinarily reside in the State, by a judge of the District Court who is assigned to the district court district in which the sample concerned was taken.

(10) The District Court may make such order as to costs as it considers appropriate on an appeal under subsection (6).

(11) Nothing in this section shall—

(a) prevent or restrict the exercise of powers conferred by section 12 or 13, or

(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the sample concerned for the purposes of—

(i) this Act,

(ii) a criminal investigation, or

(iii) other proceedings.

78. Destruction of intimate samples and non-intimate samples in exceptional circumstances

78. (1) Notwithstanding sections 76 and 77, if the Commissioner is satisfied that exceptional circumstances exist that justify the destruction of an intimate sample or a non-intimate sample, the sample concerned shall be destroyed as soon as practicable after the application of those circumstances in relation to that sample becomes known.

(2) The exceptional circumstances referred to in subsection (1)are the following:

(a) it is established, at any time after the detention of the person concerned under any of the provisions referred to in section 9(1)for the purposes of the investigation of a relevant offence during which the sample concerned was taken, that no such offence was committed;

(b) it is established that the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; or

(c) it is determined by a court that the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful.

79. Destruction of certain samples taken for purposes of DNA Database System

79. (1) Subject to subsection (2), a sample taken from a person under section 11, 31, 32 or 34 shall, if not previously destroyed, be destroyed—

(a) as soon as a DNA profile has been generated from the sample, or

(b) before the expiration of the period of 6 months from the taking of the sample,

whichever occurs later.

(2) If the Commissioner is satisfied that exceptional circumstances exist that justify the destruction of a sample taken from a person under section 11, the sample shall, if not previously destroyed, be destroyed as soon as practicable after the application of those circumstances in relation to the sample becomes known.

(3) The exceptional circumstances referred to in subsection (2)are the following:

(b) it is established that the detention of the person concerned under any of the provisions referred to in section 9(1)for the purposes of the investigation of a relevant offence during which the sample concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; or

80. Removal of certain DNA profiles in reference index of DNA Database System from that System in certain circumstances

80. (1) Subject to sections 81, 85 and 93, a DNA profile of a person generated from a sample taken from him or her under section 11, 12, 13, 31 or 32 and entered in the reference index of the DNA Database System shall, if not previously removed, be removed from that System in any of the following circumstances not later than the expiration of a period of 3 months from the date on which such circumstances first apply to the person:

(a) in a case where the sample was taken from the person under section 11, 12 or 13 and proceedings for a relevant offence—

(i) are not instituted against the person within the period of 12 months from the taking of that sample and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or

(ii) have been instituted and—

(I) the person is acquitted of the relevant offence,

(II) the charge against the person in respect of the relevant offence is dismissed under section 4E of the Criminal Procedure Act 1967, or

(III) the proceedings for the relevant offence are discontinued;

(b) in a case where the sample was taken from the person under section 11, 12 or 13 and he or she is the subject of an order under section 1(1) of the Probation of Offenders Act 1907 in respect of the relevant offence concerned in connection with which that sample was taken and he or she has not been convicted of a relevant offence during the period of 3 years from the making of the order under that Act;

(c) in a case where the sample was taken from the person under section 11, 12, 13, 31 or 32 and, subject to subsection (2), he or she is the subject of an order under section 1(2) of the Probation of Offenders Act 1907 in respect of the relevant offence concerned, or, if appropriate, the sexual offence concerned, in connection with which that sample was taken and he or she has not been convicted of a relevant offence during the period of 3 years from the making of the order under that Act;

(d) in a case where the sample was taken from the person under section 11, 12, 13, 31 or 32 and his or her conviction for the relevant offence concerned, or, if appropriate, the sexual offence concerned, in connection with which that sample was taken is quashed; or

(e) in a case where the sample was taken from the person under section 11, 12, 13, 31 or 32 and his or her conviction for the relevant offence concerned, or, if appropriate, the sexual offence concerned, in connection with which that sample was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993.

(3) For the purposes of this section the “retention period”, in relation to the DNA profile of a person that is entered in the reference index of the DNA Database System, means the period from the generation of that DNA profile from the sample concerned taken from the person to the latest date for the removal of that DNA profile from that System under subsection (1).

81. Extension of retention period under section 80 for certain DNA profiles in reference index of DNA Database System in certain circumstances

81. (1) A DNA profile of a person in the reference index of the DNA Database System shall not be removed from that System under section 80in any case in which the Commissioner determines that it is necessary to retain the DNA profile in that index of that System to assist in the investigation or prosecution of offences.

(2) The Commissioner may determine under subsection (1) that the DNA profile of a person shall be retained in the reference index of the DNA Database System in either of the following circumstances:

(a) in relation to the investigation of the relevant offence concerned in connection with which the sample concerned was taken from the person (from which his or her DNA profile was generated)—

(i) a decision whether or not to institute proceedings against the person for that offence has not been taken, or

(ii) the investigation of that offence has not been concluded;

(b) having regard to the matters specified in subsection (3), the Commissioner believes it is necessary to do so taking account of all the circumstances of the case and the reasons why—

(i) proceedings for that offence have not been instituted against the person, or

(3) The matters referred to in subsection (2)(b) to which the Commissioner shall have regard are the following:

(b) the nature and seriousness of that relevant offence;

(i) a child,

(ii) a vulnerable person, or

(iii) associated with the person,

at the time of the commission, or alleged commission, of that relevant offence;

(d) the age of the person concerned at the time that the sample concerned was taken from him or her (from which his or her DNA profile was generated); and

(e) any other matter that the Commissioner considers appropriate for the purposes of the determination.

(4) Subject to subsection (7), if, in relation to the DNA profile of a person, the Commissioner makes a determination under subsection (1) on the basis that subsection (2)(a) applies, he or she may, during the retention period referred to in section 80, give an authorisation to extend that period by a period of 12 months.

(5) Subject to subsection (7), the Commissioner may, while an authorisation under subsection (4) or this subsection, as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a period of not more than 12 months commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she makes a determination under subsection (1) on the basis that subsection (2)(a) applies.

(6) Subject to subsection (7), the Commissioner may, while an authorisation under subsection (4) or (5), as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a further period commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she makes a determination under subsection (1) on the basis that subsection (2)(b) applies.

(7) An authorisation under subsection (4), (5)or (6) may not be given if to do so would involve the retention of the DNA profile of the person concerned—

(a) in the case of a child or a protected person, for a period of more than 3 years from—

(i) the taking of the sample concerned from the child or protected person, as the case may be, or

(ii) if appropriate, the date on which that sample is deemed under section 86 to have been taken from him or her,

whichever is the later, and

(b) in the case of any other person, for a period of more than 6 years from—

(i) the taking of the sample concerned from the person, or

(ii) if appropriate, the date on which that sample is deemed under section 86 to have been taken from him or her,

whichever is the later.

(8) Subject to subsection (9), if, in relation to the DNA profile of a person, the Commissioner makes a determination under subsection (1) on the basis that subsection (2)(b) applies, he or she may, during the retention period referred to in section 80, give an authorisation to extend that period.

(9) An authorisation under subsection (8) may extend the retention period referred to in section 80 for no longer than—

(a) in the case of a child or a protected person, a period of 3 years from—

(i) the taking of the sample concerned from the child or protected person, as the case may be, or

(ii) if appropriate, the date on which that sample is deemed under section 86to have been taken from him or her,

whichever is the later, and

(b) in the case of any other person, a period of 6 years from—

(i) the taking of the sample concerned from the person, or

(ii) if appropriate, the date on which that sample is deemed under section 86 to have been taken from him or her,

whichever is the later.

(10) Whenever the Commissioner gives an authorisation under subsection (4), (5), (6) or (8), he or she shall, in relation to the DNA profile of the person that is the subject of the authorisation, cause—

(a) the person, and

(b) if the 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 that the authorisation has been given under subsection (4), (5), (6) or (8), as may be appropriate, the date on which that authorisation was given and of the right of appeal under subsection (11).

(11) The person to whom the authorisation concerned relates (in this section called “the appellant”) or, if that person is a child or a protected person, a parent or guardian on his or her behalf may, within the period of 3 months from the date of the notice under subsection (10)concerned, appeal to the District Court against that authorisation.

(12) An appeal under subsection (11) shall—

(a) be on notice to the Commissioner, and

(b) be heard otherwise than in public.

(13) If, on an appeal under subsection (11), the District Court—

(a) confirms the authorisation concerned, or

(b) allows the appeal,

the Commissioner shall give effect to the decision of the Court.

(14) The jurisdiction conferred on the District Court by this section shall be exercised by a judge of the District Court who is assigned to the district court district in which the appellant ordinarily resides or, if the appellant does not ordinarily reside in the State, by a judge of the District Court who is assigned to the district court district in which the sample concerned was taken (from which the DNA profile of the appellant was generated).

(15) The District Court may make such order as to costs as it considers appropriate on an appeal under subsection (11).

(16) Nothing in this section shall—

(a) prevent or restrict the exercise of powers conferred by section 11, 12, 13, 30 or 31,

(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the DNA profile concerned for the purposes of—

(i) this Act,

(ii) a criminal investigation, or

(iii) other proceedings.

82. Removal in exceptional circumstances of certain DNA profiles in reference index of DNA Database System from that System

82. (1) Notwithstanding sections 80 and 81, if the Commissioner is satisfied that exceptional circumstances exist that justify the removal from the DNA Database System of a DNA profile that was generated from a sample taken from a person under section 11, 12 or 13and entered in the reference index of that System, the DNA profile concerned shall be so removed as soon as practicable after the application of those circumstances in relation to that DNA profile becomes known.

(2) The exceptional circumstances referred to in subsection (1) are the following:

(a) it is established, at any time after the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated), that no such offence was committed;

(b) it is established that the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated) was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; or

83. Application of this Part to former offenders

83. (1) A person from whom a sample was taken under section 34 may apply to the Commissioner under this section to have his or her DNA profile that was generated from the sample and entered in the reference index of the DNA Database System removed from that System.

(2) An application under subsection (1)may be made by a person if a conviction for any offence to which regard was had under section 33 for the purposes of determining whether he or she was a former offender—

(a) has been quashed, or

(b) has been declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993.

(3) An application under subsection (1) shall be made in writing and shall contain sufficient particulars relating to the sample or DNA profile concerned to facilitate its identification.

(4) The Commissioner shall, as soon as may be after the receipt of an application under subsection (1), acknowledge the receipt of it by notice in writing.

(5) The Commissioner shall, as soon as may be but not later than 3 months after the receipt of an application under subsection (1), determine the application.

(6) The Commissioner shall, for the purposes of determining an application under subsection (1), consider in accordance with section 33 whether the person concerned is a former offender.

(7) The determination of the Commissioner of an application under subsection (1) may provide for the retention in, or the removal from, the DNA Database System of the DNA profile of the person concerned.

(8) The Commissioner shall cause the person concerned to be informed by notice in writing of the determination and the reasons for it, the date on which it was made and of the right of appeal under subsection (9).

(9) Where the Commissioner, in relation to an application under subsection (1) —

(a) refuses the application, or

(b) does not determine the application within the time limit specified in subsection (5) in which case the application shall be deemed to have been refused,

the person concerned or, if that person is a child or a protected person, a parent or guardian on his or her behalf may, within the period of 3 months from the date of the determination or, as may be appropriate, the latest date for making a determination under subsection (5), appeal to the District Court against the determination.

(10) An appeal under subsection (9) shall—

(a) be on notice to the Commissioner, and

(b) be heard otherwise than in public.

(11) If, on an appeal under subsection (9), the District Court—

(a) confirms the determination concerned, or

(b) allows the appeal,

the Commissioner shall ensure that effect is given to the decision of the Court.

(12) The jurisdiction conferred on the District Court by this section shall be exercised by a judge of the District Court who is assigned to the district court district in which the person concerned resides or, if that person does not ordinarily reside in the State, by a judge of the District Court who is assigned to the district court district in which the sample concerned was taken.

(13) The District Court may make such order as to costs as it considers appropriate on an appeal under subsection (9).

(14) Nothing in this section shall—

(a) prevent or restrict the exercise of powers conferred by section 34 or 39, or

(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the DNA profile concerned for the purposes of—

(i) this Act,

(ii) a criminal investigation, or

(iii) other proceedings.

84. Removal of DNA profiles in respect of former child offenders from DNA Database System in certain circumstances

84. (1) Subject to sections 85, 86 and 93, the DNA profile generated from a sample taken under section 11, 12, 13 or 32 and entered in the reference index of the DNA Database System in respect of a person who was a child offender to whom subsection (2) applies shall, if not previously removed, be removed from that System—

(a) within the period of 4 years from the taking of the sample from the person if a sentence other than one of detention was imposed on the person, or

(b) within the period of 6 years from the expiry of the sentence imposed on, or, as the case may be, the end of the notification period in relation to, the person,

in respect of the offence to which that subsection applies (in this section called the “retention period”).

(2) This section applies to a person who was a child offender if the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated) is an offence other than—

(a) an offence that is triable by the Central Criminal Court, or

(b) an offence, or one of a category of offences, specified in an order made by the Minister under this subsection that are, for the purposes of this subsection, excluded from its application by reason of the nature and seriousness of such an offence or offences.

(3) In this section—

“the end of the notification period”, in relation to a child offender who was a sex offender, means the end of the period for which he or she was subject to the requirements of Part 2 of the Sex Offenders Act 2001;

“the expiry of the sentence”, in relation to a child offender other than a sex offender, has the meaning it has in section 32.

85. DNA profiles not to be removed from DNA Database System in certain circumstances

85. (1) Section 80 or 84 shall not apply to a person if, during the retention period—

(a) proceedings for a relevant offence (“the subsequent relevant offence”) other than the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated and entered in the reference index of the DNA Database System) have not been instituted against the person, where the failure to institute such proceedings against him or her within the retention period is due to the fact that he or she absconded or could not be found,

(b) proceedings for a relevant offence (“the subsequent relevant offence”) other than the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated and entered in the reference index of that System) have been instituted against the person, unless—

(i) the person has been acquitted of that relevant offence,

(ii) the charge against the person in respect of that relevant offence has been dismissed under section 4E of the Criminal Procedure Act 1967, or

(iii) the proceedings for that relevant offence have been discontinued,

(c) the person has been convicted of another relevant offence (“the subsequent relevant offence”) or sexual offence, unless—

(i) the conviction for that relevant or sexual offence, as the case may be, is quashed, or

(ii) the conviction for that relevant offence or sexual offence, as the case may be, is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993.

(2) In the circumstances referred to in subsection (1), this Part shall apply in relation to the retention of the DNA profile of the person concerned in the reference index of the DNA Database System by reference to the subsequent relevant offence referred to in paragraph (a),(b) or(c) of that subsection, or the sexual offence referred to in that paragraph (c), as may be appropriate.

(3) In this section references to the retention period shall be construed as references to—

(a) in the case of section 80, the retention period under that section and any extension of that period under an authorisation given under subsection (4), (5), (6)or (8) of section 81, and

(b) in the case of section 84, the retention period within the meaning of that section.

86. Date on which sample under section 11, 12, 13, 31 or 32 may be deemed to have been taken in certain circumstances

86. (1) This section applies where a sample (in this section called “the first sample”) is taken from a person—

(a) under section 11, 12 or 13 while he or she is detained under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence, or

(b) under section 31 or 32 in connection with a conviction for a relevant offence or a sexual offence,

and a DNA profile in respect of the person is generated from that sample and entered in the reference index of the DNA Database System.

(2) If, in the circumstances referred to in subsection (1) in relation to a person—

(a) but for the taking from him or her of the first sample, a sample may be, but is not, taken from him or her on a date after the first sample was taken (“the subsequent date”)—

(i) under section 11 while the person is detained under any of the provisions referred to in any paragraph of section 9(1) for the purposes of the investigation of a relevant offence other than the offence in connection with which the first sample was taken, or

(ii) under section 31 or 32 in connection with a conviction for a relevant offence or sexual offence other than the offence in connection with which the first sample was taken,

(b) an intimate sample or a non-intimate sample taken from the person on a date after the taking of the first sample (“the subsequent date”) for the investigation of a relevant offence other than the offence in connection with which the first sample was taken is not used to generate a DNA profile in respect of the person to be entered in the reference index of the DNA Database System as his or her DNA profile has already been entered in that index,

the first sample shall be deemed to have been taken from him or her on the subsequent date—

(i) for the purposes of the application of subsection (7)or (9)of section 81 to the person, and

(ii) for the purposes of the application of subsection (1) of section 84to the person so that the retention period under that section shall be—

(I) in the case of a person falling under paragraph (a)of that subsection, the period of 4 years from the subsequent date, or

(II) in the case of a person falling under paragraph (b)of that subsection, the period of 6 years from the subsequent date but only if that period is longer than the retention period under that subsection.

(3) The subsequent date for the purposes of subsection (2)(a) shall be the latest date on which a sample under section 11, 31 or 32, as the case may be, may have been taken from the person concerned.

Chapter 2

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.

Chapter 3

88. Destruction of samples taken from persons under sections 41 and 42 and removal of their DNA profiles from DNA Database System

88. (1) Subject to subsection (4), a sample taken from a person under section 41 or 42 shall be destroyed—

(a) as soon as a DNA profile has been generated from the sample, or

(b) before the expiration of the period of 6 months from the taking of the sample,

whichever occurs later.

(2) Subject to subsections (5) and (6), the DNA profile in respect of a person to whom section 41(2) or 42(2) applies entered in the elimination (Garda Síochána) index or the elimination (crime scene investigators) index of the DNA Database System shall not be removed from that System until the expiration of the period of 10 years after—

(a) in the case of a member of the Garda Síochána to whom section 41(2)(a) or 42(2)(a) applies, the person ceases to be a member of the Garda Síochána,

(b) in the case of a person to whom section 41(2)(b) or paragraph (b) or (c) of section 42(2) applies, the person ceases to be employed by the Garda Síochána as such a person, but where he or she is appointed as a member of the Garda Síochána paragraph (a) applies to the person,

and the DNA profile concerned shall be removed from that System as soon as practicable after that period.

(3) A person—

(a) to whom subsection (3) of section 41 applies and from whom a sample was taken under that section, or

(b) to whom subsection (3) of section 42 applies and from whom a sample was taken under that section,

may, at any time and without specifying a reason, request the destruction of the sample if not already destroyed, and the removal of his or her DNA profile from the DNA Database System, by notice in writing sent or given to the Commissioner.

(4) Subject to subsections (5) and (6), a sample taken under section 41 or 42 from a person referred to in subsection (3) shall be destroyed if not previously destroyed, and his or her DNA profile shall be removed from the DNA Database System, not more than 3 months after the receipt by the Commissioner of the notice under that subsection.

(5) If the Director of FSI, following consultation with the Commissioner, is satisfied that there is good reason relating to the investigation of offences why a DNA profile in respect of a person entered in the elimination (Garda Síochána) index or the elimination (crime scene investigators) index of the DNA Database System should not be removed from that System under subsection (2) or (4), the Director may, subject to subsection (6), direct that the DNA profile should not be removed from that System.

(6) At the end of each year, the Director of FSI shall carry out a review to determine whether any of the DNA profiles in respect of persons referred to in subsection (5) shall be removed from the DNA Database System and he or she shall consult the Commissioner for the purposes of that review.

(7) The Director of FSI shall inform by notice in writing a person from whom a sample was taken under section 41 or 42 —

(a) if a direction is given by the Director under subsection (5) in relation to the DNA profile in respect of the person, and

(b) if appropriate, of a determination under subsection (6) in relation to the DNA profile in respect of the person.

(8) In this section “member of the Garda Síochána” has the meaning it has in Part 5.

89. Destruction of samples taken from persons under section 43 and removal of their DNA profiles from DNA Database System

89. (1) Subject to subsection (4), a sample taken from a person under section 43 shall be destroyed—

(a) as soon as a DNA profile has been generated from the sample, or

(b) before the expiration of the period of 6 months from the taking of the sample,

whichever occurs later.

(2) Subject to subsections (5) and (6), the DNA profile in respect of a member of the staff of FSI entered in the elimination (crime scene investigators) index of the DNA Database System shall not be removed from that System until the expiration of the period of 10 years after he or she ceases to be such a member of staff, and that DNA profile shall be removed from that System as soon as practicable after that period.

(3) A member of staff of FSI to whom subsection (3) of section 43 applies and from whom a sample was taken under that section may, at any time and without specifying a reason, request the destruction of the sample if not already destroyed, and the removal of his or her DNA profile from the DNA Database System, by notice in writing sent or given to the Director of FSI.

(4) Subject to subsections (5)and (6), a sample taken under section 43 from a member of the staff of FSI referred to in subsection (3) shall be destroyed if not previously destroyed, and his or her DNA profile shall be removed from the DNA Database System, not more than 3 months after the receipt by the Director of FSI of the notice under that subsection.

(5) If the Director of FSI is satisfied that there is good reason relating to the investigation of offences why a DNA profile in respect of a member of the staff of FSI entered in the elimination (crime scene investigators) index of the DNA Database System should not be removed from that System under subsection (2) or (4), the Director may, subject to subsection (6), direct that the DNA profile shall not be removed from that System.

(6) At the end of each year, the Director of FSI shall carry out a review to determine whether any of the DNA profiles in respect of members of the staff of FSI referred to in subsection (5) shall be removed from the DNA Database System.

(7) The Director of FSI shall inform by notice in writing a person from whom a sample was taken under section 43 —

(a) if a direction is given by the Director under subsection (5) in relation to the DNA profile in respect of the person, and

(b) if appropriate, of a determination under subsection (6) in relation to the DNA profile in respect of the person.

90. Destruction of samples taken from persons under section 44 and removal of their DNA profiles from DNA Database System

90. (1) A sample taken from a prescribed person under section 44shall be destroyed—

(a) as soon as a DNA profile has been generated from the sample, or

(b) before the expiration of the period of 6 months from the taking of the sample,

whichever occurs later.

(2) Subject to subsections (5) and (6), the DNA profile in respect of a person from whom a sample under section 44 shall be taken that is entered in the elimination (crime scene investigators) index or the elimination (prescribed persons) index of the DNA Database System shall not be removed from that System until the expiration of the period of 10 years after the person ceases to be a prescribed person, and that DNA profile shall be removed from that System as soon as practicable after that period.

(3) A prescribed person from whom a sample under section 44 may be taken and from whom such a sample was taken may, at any time and without specifying a reason, request in the prescribed manner the destruction of the sample if not already destroyed and the removal of his or her DNA profile from the DNA Database System.

(4) Subject to subsections (5)and (6), a sample taken under section 44 from a prescribed person referred to in subsection (3) shall be destroyed if not previously destroyed, and his or her DNA profile shall be removed from the DNA Database System, not more than 3 months after he or she makes the request under that subsection in the prescribed manner.

(5) If the Director of FSI is satisfied that there is good reason relating to the investigation of offences why a DNA profile entered in the elimination (crime scene investigators) index or the elimination (prescribed persons) index of the DNA Database System should not be removed from that System under subsection (2) or (4), the Director may, subject to subsection (6), direct that the DNA profile shall not be removed from that System.

(7) The Director of FSI shall inform by notice in writing a prescribed person from whom a sample was taken under section 44 —

(a) if a direction is given by the Director under subsection (5) in relation to the DNA profile in respect of the person, and

(b) if appropriate, of a determination under subsection (6) in relation to the DNA profile in respect of the person.

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 45or 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.

Chapter 4

92. Destruction of samples taken from persons under Part 6 and removal of their DNA profiles from DNA Database System

92. (1) A person referred to in subsection (1)(b) of section 48 from whom a sample was taken under that section, or, 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 that section from the protected person or the child, as the case may be, may request the destruction of the sample, or the removal from the DNA Database System of the DNA profile generated from the sample in respect of the person, or both by notice in writing sent or given to the Commissioner.

(2) Subject to subsections (7) to (9), a sample taken under section 48 from a person referred to in subsection (1)(b) of that section shall be destroyed, or the DNA profile generated from the sample in respect of the person shall be removed from the DNA Database System, or both not more than 3 months after the receipt by the Commissioner of the notice under subsection (1).

(3) Subject to subsections (7) to (10), a sample taken under section 48 from a person referred to in subsection (1)(b) of that section shall, if not previously destroyed, be destroyed, and the DNA profile generated from the sample in respect of the person shall, if not previously removed, be removed from the DNA Database System, not more than 3 months after the missing person in relation to whose disappearance the sample was taken is found or identified.

(4) Subject to subsections (7) to (10), a sample taken under section 48 in relation to a missing person shall be destroyed, and the DNA profile generated from the sample in respect of the missing person shall be removed from the DNA Database System, not more than 3 months after that person is found or identified.

(5) Subject to subsections (7) to (9), a sample taken under section 49 from an unknown person shall be destroyed, and the DNA profile generated from the sample in respect of the unknown person shall be removed from the DNA Database System, not more than 3 months after the unknown person is identified.

(6) Subject to subsections (7) to (10), a sample taken from the body of a deceased person under section 50 shall be destroyed, and the DNA profile generated from the sample in respect of the person shall be removed from the DNA Database System, not more than 3 months after the person is identified.

(7) Nothing in this section shall require the destruction of a sample, or the removal from the DNA Database System of the DNA profile generated from the sample, if the sample or the DNA profile or both are required for the purposes of—

(a) the investigation of an offence in connection with the disappearance of a missing person, the circumstances whereby an unknown person became seriously ill, or severely injured, and unable to identify himself or herself or the death of an unknown deceased person, as the case may be, or

(b) an inquest regarding the death of an unknown deceased person or, if appropriate, a missing person, if the person is deceased when he or she is found or identified.

(8) Subject to subsection (10), if a sample, or the DNA profile generated from the sample in respect of a person, or both are required for the purposes of the investigation of an offence referred to in subsection (7)(a), the sample shall be destroyed, and the DNA profile shall be removed from the DNA Database System, not more than 3 months after the investigation of the offence is completed 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 an offence referred to in subsection (7)(a) shall determine, for the purposes of subsection (8), when the investigation of that offence is completed.

(10) If a sample, or the DNA profile generated from the sample in respect of a person, or both are required for the purposes of an inquest referred to in subsection (7)(b), the sample shall be destroyed, and the DNA profile shall be removed from the DNA Database System, not more than 3 months after the conclusion of the inquest unless the coroner conducting that inquest orders otherwise.

(11) This section shall, with any necessary modifications, apply to a sample that is regarded under subsection (11) or (12) of section 48 as having been taken under that section.

(12) This section shall, with any necessary modifications, apply to a sample that is regarded under subsection (6) or (7) of section 50 as having been taken under that section.

Chapter 5

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.

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

PART 7 Taking of Certain Samples under Parts 3 and 6 from Protected Persons or Children

53. Giving of information under Parts 3 and 6 to protected persons or children

54. Consent to taking of certain samples under Parts 3 and 6 from protected persons or children

55. Information to be given to parents or guardians of protected persons or children or to others regarding certain samples under Parts 3 and 6

56. Application for court order authorising taking of certain samples under Parts 3 and 6 from protected person or child

57. Taking of certain samples under Parts 3 and 6 from protected persons or children

58. Withdrawal of consent to taking of certain samples under Parts 3 and 6 from protected persons or children

PART 8 DNA Database System

Chapter 1

59. DNA Database System

60. Purposes of DNA Database System

Chapter 2

61. Crime scene index

62. Reference index

63. Elimination (Garda Síochána) index

64. Elimination (crime scene investigators) index

65. Elimination (prescribed persons) index

Chapter 3

66. Missing and unknown persons index

Chapter 4

67. Functions of Director of FSI in relation to DNA Database System

68. Permitted searching

69. Statistics

70. Annual report of Director of FSI in relation to DNA Database System

PART 9 DNA Database System Oversight Committee

71. DNA Database System Oversight Committee

72. Functions of Committee

73. Cooperation with Committee

74. Annual report of Committee

PART 10 Destruction of Samples and Destruction, or Removal from DNA Database System, of DNA Profiles

Chapter 1

75. Interpretation (Chapter 1)

76. Destruction of intimate samples and non-intimate samples in certain circumstances

77. Extension of retention period under section 76 for intimate samples and non-intimate samples in certain circumstances

78. Destruction of intimate samples and non-intimate samples in exceptional circumstances

79. Destruction of certain samples taken for purposes of DNA Database System

80. Removal of certain DNA profiles in reference index of DNA Database System from that System in certain circumstances

81. Extension of retention period under section 80 for certain DNA profiles in reference index of DNA Database System in certain circumstances

82. Removal in exceptional circumstances of certain DNA profiles in reference index of DNA Database System from that System

83. Application of this Part to former offenders

84. Removal of DNA profiles in respect of former child offenders from DNA Database System in certain circumstances

85. DNA profiles not to be removed from DNA Database System in certain circumstances

86. Date on which sample under section 11, 12, 13, 31 or 32 may be deemed to have been taken in certain circumstances

Chapter 2

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

Chapter 3

88. Destruction of samples taken from persons under sections 41 and 42 and removal of their DNA profiles from DNA Database System

89. Destruction of samples taken from persons under section 43 and removal of their DNA profiles from DNA Database System

90. Destruction of samples taken from persons under section 44 and removal of their DNA profiles from DNA Database System

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

Chapter 4

92. Destruction of samples taken from persons under Part 6 and removal of their DNA profiles from DNA Database System

Chapter 5