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

(c) by sending it to the person by post in a prepaid registered letter to the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, to that address or to his or her solicitor at the solicitor’s office.

164. Non-compliance by member of Garda Síochána with this Act, regulations thereunder or code of practice

164. (1) A failure to observe any provision of this Act or of any regulations made thereunder or a code of practice, on the part of any member of the Garda Síochána in the performance by him or her of any function under this Act, shall not of itself render that member liable to any criminal or civil proceedings or (without prejudice to the power of the court to exclude evidence at its discretion) shall not of itself affect the admissibility of any evidence thereby obtained.

(2) A failure on the part of any member of the Garda Síochána to observe any provision of this Act or of any regulations made thereunder or a code of practice shall render that member liable to disciplinary proceedings.

165. Non-application of Act

165. (1) Except as provided for in this Act, nothing in this Act shall affect the operation of any provision of any other enactment relating to—

(a) a requirement on a person to provide a bodily sample under that enactment,

(b) any power exercisable by a member of the Garda Síochána or other person under that enactment, or

(c) the performance by a person or body (including the Medical Bureau of Road Safety) of any functions of the person or body under that enactment.

(2) If a DNA profile is generated from a bodily sample taken from a person under any provision of another enactment, it shall not be entered in the DNA Database System, other than in the crime scene index of the investigation division, unless it is provided for in this Act.

166. Re-arrest in case of match of DNA profiles

166.The reference to a member of the Garda Síochána not below the rank of superintendent in each of the provisions specified in column (3) of the Table to this section of the enactments specified in column (2) of that Table shall be construed as a reference to a member of the Garda Síochána not below the rank of inspector if the reason or one of the reasons for seeking the arrest of the person concerned for—

(a) the offence in relation to which he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, or

(b) any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,

is that the Garda Síochána have, since the person’s release, obtained the results of the forensic testing of a sample taken under the Criminal Justice (Forensic Evidence) Act 1990 or otherwise or under Part 2 from the person while he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, and those results indicate a match of the person’s DNA profile with a DNA profile generated from a sample taken from the crime scene in respect of the offence for which the arrest of the person is sought.

Table

167. Exercise of certain power by judge of District Court outside district court district

167. Section 32A of the Courts (Supplemental Provisions) Act 1961 shall apply, with any necessary modifications, to the exercise by a judge of the District Court of the power conferred by section 25(10).

168. Procedures that may be used for transmission of certain samples for forensic testing

168. (1) A relevant sample may be placed in a tamper-evident container.

(2) Whenever a relevant sample is placed in a tamper-evident container under subsection (1), the tamper-evident container shall be sealed immediately.

(3) The person who, under subsection (2), seals a tamper-evident container containing a relevant sample shall—

(a) ensure that a unique number for the purpose of facilitating the identification of the sample is marked on the tamper-evident container,

(b) ensure that particulars regarding the type of sample concerned are recorded on the tamper-evident container or on the relevant sample or anything attached to or enclosing it, and

(c) record his or her name, and the date of sealing the tamper-evident container, thereon.

(4) Where the procedures referred to in subsections (1) to (3) have been completed, a member of the Garda Síochána shall forward, or cause to be forwarded, the sealed tamper-evident container containing the relevant sample concerned for forensic testing.

(5) In any criminal proceedings, it shall be presumed until the contrary is shown, that subsections (1) to (4) have been complied with in relation to a relevant sample.

(6) In this section and in section 169 —

“crime scene sample” means any substance or material (or a sample thereof) found at, or recovered from, a crime scene with a view to having it forensically tested;

“forensic testing”, in relation to a relevant sample, means the examination and analysis of the sample and the carrying out of biochemical or other scientific tests and techniques used in connection with the detection and investigation of crime or the identification of persons or bodies, as may be appropriate, on the sample and, if appropriate, includes the generation of a DNA profile from the sample in respect of a person;

“relevant sample” means—

(a) an intimate sample,

(b) a non-intimate sample, or

(c) a crime scene sample;

“tamper-evident container”, in relation to a relevant sample, means a container, whether comprising a tube, envelope, bag or other receptacle, into which the sample is placed and which—

(a) is marked with a unique number for the purpose of facilitating the identification of the sample,

(b) is sealable after the sample is placed in it without interfering with the integrity of the sample, and

(c) once sealed cannot be opened, whether by cutting, tearing or other means, without leaving visible evidence of having been opened or of an attempt having been made to do so.

169. Provisions relating to evidence in proceedings regarding certain samples

169. F51[…]

170. Amendment of Misuse of Drugs Act 1984

170.The Misuse of Drugs Act 1984 is amended by the substitution of the following section for section 10:

“10. In any proceedings for an offence under the Principal Act or section 5 of this Act, notwithstanding section 169of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and Equality and relating to—

(a) the receipt, handling, transmission or storage, or

(b) an examination, inspection, test or analysis,

as the case may be, specified in the certificate of a controlled drug or other substance, product or preparation so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such officer.”.

171. Amendment of section 6(4) of Act of 1984

171.Section 6(4) of the Act of 1984 is amended by the substitution of “a class A fine” for “a fine not exceeding €3,000”.

172. Change of name of Forensic Science Laboratory of Department of Justice and Equality

172. The part of the Department of Justice and Equality known as the Forensic Science Laboratory before the passing of this Act shall, on and after that passing, be known as Forensic Science Ireland and references in any enactment to the Forensic Science Laboratory of that Department of State shall be construed accordingly.