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

• “(11A) Subject to subsections (12) and (13), any identification evidence taken under subsection (5) that is transmitted to the Court and returned by it when no longer required for the purpose specified in the request shall be destroyed as soon as practicable after its return.

• (11B) The provisions of subsections (7), (8), (9) and (11) of section 3, and section 97, of the Act of 2014 insofar as they apply to the destruction of samples and DNA profiles of persons under that Act shall apply, with any necessary modifications, in relation to the destruction of identification evidence, other than fingerprints, palm prints, iris identifications or photographs of persons, under subsection (11A).

• (11C) The provisions of section 8H of the Criminal Justice Act 1984 insofar as they apply to the destruction of fingerprints, palm prints or photographs of persons shall apply, with any necessary modifications, in relation to the destruction of fingerprints, palm prints, iris identifications or photographs of persons under subsection (11A).”,

• (h) by the substitution of the following subsection for subsection (12):

• “(12) When transmitting the identification evidence to the Court the Minister shall, if subsection (3) (b) (i) does not apply and subject to subsection (13), obtain an assurance that the evidence, as well as the record of any analysis of the evidence, or any other record relating to it, that may be made by the Court, will be destroyed when no longer required for the purpose specified in the request concerned and, in any event, not later than the expiration of the period of 3 months from the date on which any of the following circumstances first apply to the person the subject of that request:

  • (a) proceedings for an ICC offence are not instituted against that person within the period of 12 months from the taking of the identification evidence concerned from him or her 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;

  • (b) proceedings for an ICC offence have been instituted against that person and he or she is acquitted or the charge against him or her is dismissed or the proceedings are discontinued;

  • (c) that person is convicted of an ICC offence and the conviction is quashed; or

  • (d) that person is convicted of an ICC offence and the conviction is reversed following an application pursuant to Article 84.”,

• (i) by the substitution of the following subsection for subsection (13):

• “(13) The Minister may, at the request of the Court and having consulted the Commissioner, direct that the retention period in respect of identification evidence transmitted to the Court be extended in accordance with an order made under subsection (13A).”,

and

• (j) by the insertion of the following subsections after subsection (13):

• “(13A) If a judge of the District Court is satisfied, on an application in that behalf by the Commissioner, that there is good reason why identification evidence transmitted pursuant to a request should not be destroyed by the Court in accordance with subsection (12), or a request to do so under subsection (1L), the judge may make an order authorising the retention of the identification evidence for such purpose permitted by this section for such period as he or she considers appropriate.

• (13B) If the Commissioner intends to make an application under subsection (13A), he or she shall inform by notice in writing the person from whom the identification evidence concerned was taken, and any person who gave consent to the taking of that identification evidence from that person, of that intention.

• (13C) If, on an application under subsection (13A), the person from whom the identification evidence was taken, or any other person who gave consent to the taking of that identification evidence from that person, applies to be heard by the judge of the District Court, an order shall not be made under that subsection unless a reasonable opportunity has been given to that person to be heard.

• (13D) An application under subsection (13A) shall be made to a judge of the District Court who is assigned to the district court district in which the person from whom the identification evidence concerned was taken resides.

• (13E) An application under subsection (13A) shall be heard otherwise than in public.

• (13F) In determining an application under subsection (13A), a judge of the District Court may make such order as to costs as the judge considers appropriate.

• (13G) A notice under subsection (13B) may be sent or given to a person in one of the following ways:

  • (a) by delivering it to the person or his or her solicitor;

  • (b) by addressing it to the person and leaving it at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address or by addressing it to his or her solicitor and leaving it at the solicitor’s office;

  • (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.”.

140. Application for court order authorising taking of identification evidence from protected person or child under Act of 2006

140. The Act of 2006 is amended by the insertion of the following section after section 50:

“ 50A. (1) If—

• (a) a member of the Garda Síochána is unable, having made reasonable efforts to do so, to contact a parent or guardian of a protected person or child, as the case may be, for the purposes of ascertaining whether or not he or she consents to the taking of the identification evidence concerned from the person or child, as the case may be, under section 50,

• (b) subject to subsection (1C) of section 50, the circumstances referred to in subsection (1B) of that section exist in relation to a parent or guardian of a protected person or child, as the case may be, or

• (c) a protected person or child, as the case may be, does not have, or a member of the Garda Síochána not below the rank of inspector cannot, having made reasonable efforts to do so, ascertain within a reasonable period whether the person or child, as the case may be, has, a living parent or guardian from whom consent to the taking of the identification evidence concerned from the person or child, as the case may be, may be sought under section 50,

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 the identification evidence concerned from the protected person or child, as the case may be.

• (2) A member of the Garda Síochána who intends to make an application under subsection (1) shall inform the protected person or child, as the case may be, concerned of that intention.

• (3) A judge of the District Court may order—

  • (a) that an application under subsection (1) shall be heard otherwise than in public, or

  • (b) that a parent or guardian of the protected person or child, as the case may be, concerned to whom section 50(1B) applies shall be excluded from the Court during the hearing of the application,

  or both if—

  - (i) on an application in that behalf by a member of the Garda Síochána not below the rank of inspector, the judge is satisfied that it is desirable to do so in order to avoid a risk of prejudice to the investigation or prosecution of the ICC offence concerned in connection with which the identification evidence concerned has been sought pursuant to the request, or
  
  - (ii) the judge considers that it is otherwise desirable in the interests of justice to do so.
  

• (4) A judge of the District Court shall, for the purposes of determining an application under subsection (1) —

  • (a) be satisfied that the request for the identification evidence concerned complies with subsections (2) and (3) of section 50, and

  • (b) have regard to—

    • (i) the nature and seriousness of the ICC offence concerned being investigated or prosecuted by the Court,

    • (ii) in so far as they can be ascertained, the wishes of the protected person or child, as the case may be, concerned regarding whether the identification evidence concerned should be taken from him or her, and

    • (iii) whether it would be in the interests of justice in all the circumstances of the case, having due regard to the best interests of the protected person or child, as the case may be, concerned, to make an order authorising the taking of the identification evidence concerned from the protected person or child, as the case may be, concerned,

    before making an order under this section.

• (5) If, on an application under subsection (1), a parent or guardian of the protected person or child, as the case may be, concerned applies to be heard by the judge of the District Court, an order shall not be made under this section unless a reasonable opportunity has been given to the parent or guardian, as the case may be, of that person or child, as the case may be, to be heard.

• (6) 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 identification evidence concerned from the protected person or child, as the case may be, concerned in accordance with section 50.

• (7) An application under subsection (1) shall be made to a judge of the District Court who is assigned to the district court district in which the protected person or child concerned resides.”.

Chapter 7 Police cooperation

141. Definition

141. In this Chapter “law enforcement agency” means—

• (a) a police force or other authority in a place other than the State which is responsible for the prevention, detection or investigation of criminal offences in relation to that place, or

• (b) the International Criminal Police Organisation (Interpol).

142. Transmission of DNA profiles from missing and unknown persons index of DNA Database System to law enforcement agency

142. (1) Subject to subsections (2) and (3), the Commissioner may obtain from the Director of FSI and transmit a DNA profile of a person that is entered in the missing and unknown persons index of the DNA Database System to a law enforcement agency for the purpose of the law enforcement agency conducting a search by comparing the DNA profile with DNA profiles held by it and informing the Commissioner of the outcome of that search with a view to—

• (a) finding or identifying the missing person,

• (b) identifying the seriously ill, or severely injured, person who is unable by reason of the illness or injury to identify himself or herself, or

• (c) identifying the body of the unknown deceased person,

as may be appropriate.

• (2) A DNA profile transmitted by the Commissioner under subsection (1) to a law enforcement agency shall be used by the law enforcement agency only for the purpose specified in that subsection.

• (3) When transmitting a DNA profile of a person under subsection (1) to a law enforcement agency, the Commissioner may specify conditions regarding—

• (a) the number and frequency of searches that may be conducted by the law enforcement agency to compare the DNA profile with DNA profiles held by it, and

• (b) the arrangements for the return, or destruction, of the DNA profile.

143. Receipt of DNA profiles in respect of missing persons, etc., from law enforcement agency in designated state

143. (1) Subject to subsections (2) and (3), the Commissioner may receive from a law enforcement agency in a designated state (including the International Criminal Police Organisation (Interpol)) a DNA profile of a person who is—

• (a) a missing person,

• (b) a seriously ill, or severely injured, person who is unable by reason of the illness or injury to identify himself or herself, or

• (c) an unknown deceased person,

and may transmit the DNA profile to the Director of FSI to enter it, in accordance with the request of the law enforcement agency, in the missing and unknown persons index of the DNA Database System for the purpose of conducting a search by comparing the DNA profile with DNA profiles in that System under section 68 and informing that law enforcement agency of the outcome of the search with a view to finding or identifying the person, as may be appropriate.

• (2) If, on a comparison of a DNA profile entered in the DNA Database System under subsection (1) with other DNA profiles in that System in accordance with section 68 a match of DNA profiles is found, the Commissioner shall inform the law enforcement agency that supplied the DNA profile of the match.

• (3) The Commissioner may, in relation to a matching DNA profile referred to in subsection (2), provide particulars of the identity of the person to whom the matching DNA profile relates to the law enforcement agency concerned.

• (4) A DNA profile entered in the DNA Database System under subsection (1) —

• (a) may be removed from that System following a comparison of it with other DNA profiles in that System under section 68, or

• (b) may be retained in that System for the purpose of conducting such number of comparisons of it with other DNA profiles in that System under that section, and at such frequency, as may be specified by or agreed with the law enforcement agency that supplied the DNA profile to the Commissioner.

• (5) A DNA profile entered in the DNA Database System under subsection (1) shall be removed from that System in accordance with any condition to do so specified by the law enforcement agency that supplied the DNA profile to the Commissioner.

144. Receipt of DNA profiles from law enforcement agency in place other than designated state

144. (1) Subject to subsections (2) and (3), the Commissioner may receive a DNA profile of a person from a law enforcement agency in a place other than a designated state (including the International Criminal Police Organisation (Interpol))—

• (a) for the purposes of the investigation of criminal offences in that place, or

• (b) for the purpose of—

• (i) finding or identifying a missing person,

• (ii) identifying a seriously ill, or severely injured, person who is unable by reason of the illness or injury to identify himself or herself, or

• (iii) identifying the body of an unknown deceased person,

and may transmit the DNA profile to the Director of FSI to enter it, in accordance with the request of the law enforcement agency, in the crime scene index, the reference index or, as may be appropriate, the missing and unknown persons index of the DNA Database System for the purpose of conducting a search by comparing the DNA profile with DNA profiles in that System under section 68 and informing that law enforcement agency of the outcome of the search.

• (2) If, on a comparison of a DNA profile entered in the DNA Database System under subsection (1) with other DNA profiles in that System in accordance with section 68 a match of DNA profiles is found, the Commissioner shall inform the law enforcement agency that supplied the DNA profile of the match.

• (3) If the matching DNA profile referred to in subsection (2) is in respect of a missing person, a seriously ill, or severely injured, person or a deceased person, the Commissioner may provide particulars of the identity of the person to the law enforcement agency concerned.

• (4) A DNA profile entered in the DNA Database System under subsection (1) —

• (a) may be removed from that System following a comparison of it with other DNA profiles in that System under section 68, or

• (b) may be retained in that System for the purpose of conducting such number of comparisons of it with other DNA profiles in that System under that section, and at such frequency, as may be specified by or agreed with the law enforcement agency that supplied the DNA profile to the Commissioner.

• (5) A DNA profile entered in the DNA Database System under subsection (1) shall be removed from that System in accordance with any condition to do so specified by the law enforcement agency that supplied the DNA profile to the Commissioner.

145. Receipt of crime scene evidence from law enforcement agency

145. (1) The Commissioner may arrange for evidence taken from a crime scene (including crime scene samples) received from a law enforcement agency to be compared with intimate samples and non-intimate samples taken under this Act for the purposes of the investigation of criminal offences in a place (whether within or outside the State).

• (2) The Commissioner may provide to the law enforcement agency that supplied the evidence from a crime scene under subsection (1) information relating to the results of any comparison of it with intimate samples and non-intimate samples taken under this Act other than information relating to the identity of any person from whom an intimate sample or a non-intimate sample was taken under this Act.

• (3) The Director of FSI shall compare, or arrange for the comparison of, any evidence sent to him or her by the Commissioner under subsection (1) with any intimate samples or non-intimate samples taken under this Act that are in his or her possession.

146. Saver

146. This Chapter shall not affect the operation of F46[section 93](https://www.irishstatutebook.ie/eli/2024/act/1/section/93) of the [Policing, Security and Community Safety Act 2024] or the Act of 2008.

Chapter 8 Recognition of accredited forensic service providers carrying out laboratory activities

147. Definitions (Chapter 8)

147. In this Chapter—

“accredited”, in relation to a forensic service provider carrying out laboratory activities, means the forensic service provider is accredited by a national accreditation body as complying with the standard EN ISO/IEC 17025 entitled “General requirements for the competence of testing and calibration laboratories”;

“dactyloscopic data” means fingerprint images, images of fingerprint latents, palm prints, palm print latents and templates of such images (coded minutiae);

“forensic service provider” means any organisation, whether public or private, that carries out laboratory activities at the request of competent law enforcement or judicial authorities in the State or a Member State;

“Irish National Accreditation Board” means the committee commonly known by that name established pursuant to section 10 of the Industrial Development Act 1993;

“laboratory activities” means measures taken in a laboratory when locating and recovering traces on items, as well as developing, analysing and interpreting forensic evidence, with a view to providing expert opinions or exchanging forensic evidence;

“national accreditation body” means—

• (a) in the case of the State, the Irish National Accreditation Board, and

• (b) in the case of a Member State, the sole body in the Member State that performs accreditation with authority derived from the Member State in accordance with Regulation (EC) No. 765/2008;

“results”, in relation to laboratory activities, means any analytical outputs and directly associated interpretation.

148. Recognition of accredited forensic service providers carrying out laboratory activities in Member States

148. (1) The results of an accredited forensic service provider carrying out the laboratory activities referred to in subsection (2) in a Member State shall be recognised by the authorities in the State which are responsible for the prevention, detection and investigation of criminal offences as being as reliable as the results of an accredited forensic service provider carrying out such laboratory activities in the State.

• (2) The laboratory activities to which subsection (1) applies are those that result in the generation of—

• (a) DNA profiles, or

• (b) dactyloscopic data.

PART 13 Miscellaneous

149. Sample may be taken from person even if bodily sample taken previously

149. For the avoidance of doubt it is hereby declared that, subject to sections 25, 30, 38, 39, 47 and 51, a sample may be taken from a person under a provision of this Act even if a bodily sample had been taken from the person under—

• (a) the Criminal Justice (Forensic Evidence) Act 1990 or otherwise prior to the commencement of this section, or

• (b) the same or another provision of this Act previously.

150. Authorised persons

150. (1) A member of the Garda Síochána not below the rank of superintendent may appoint in writing a person (other than a member of the Garda Síochána) to be an authorised person for the purposes of Parts 3, 5 and 6 (in this Act called an “authorised person”).

• (2) An authorised person may perform the functions conferred on an authorised person by Parts 3, 5 and 6.

• (3) An authorised person shall be furnished with a warrant of appointment and shall, when performing a function under Parts 3 and 6, if requested by a person affected, produce the warrant of appointment or a copy of it to the person.

• (4) An appointment to be an authorised person under this section may be revoked in writing by a member of the Garda Síochána not below the rank of superintendent.

151. Authorised members of staff of children detention schools

151. (1) The Director of a children detention school may appoint in writing a member of the staff of the school to be an authorised member of the staff for the purposes of Part 4 (in this Act called an “authorised member of the staff”).

• (2) An authorised member of the staff of a children detention school may perform the functions conferred on such a member of the staff of the school by Part 4.

• (3) An appointment to be an authorised member of the staff of a children detention school may be revoked in writing by the Director of the school.

152. Delegation of functions of Commissioner under this Act

152. (1) The Commissioner may, in writing, delegate any of his or her functions under this Act to—

• (a) members of the Garda Síochána specified by rank or name, or

• (b) members of F47[garda staff] by grade, position, name or otherwise.

• (2) A delegation under this section may—

• (a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

• (b) be made subject to conditions or restrictions, and

• (c) be revoked or varied by the Commissioner at any time.

• (3) The delegation of a function under this section does not preclude the Commissioner from performing the function.

• (4) Where the functions of the Commissioner under a provision of this Act are delegated to a person, any references in that provision to the Commissioner shall be construed as references to that person.

• (5) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Commissioner.

153. Delegation of functions of governor of prison or place of detention or Director of children detention school under this Act

153. (1) The governor of a prison or a place of detention may, in writing, delegate any of his or her functions under this Act to a prison officer of the prison or the place of detention, as the case may be, specified by grade, name or otherwise.

• (2) The Director of a children detention school may, in writing, delegate any of his or her functions under this Act to a member of the staff of the school specified by grade, name or otherwise.

• (3) A delegation under this section may—

• (a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

• (b) be made subject to conditions or restrictions, and

• (c) be revoked or varied by the governor of a prison or a place of detention or the Director of a children detention school, as the case may be, at any time.

• (4) The delegation of a function under this section does not preclude the governor of a prison or a place of detention or the Director of a children detention school, as the case may be, from performing the function.

• (5) Where the functions of the governor of a prison or a place of detention or the Director of a children detention school under a provision of this Act are delegated to a person, any references in that provision to the governor of a prison or a place of detention or the Director of a children detention school, as the case may be, shall be construed as references to that person.

• (6) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the governor of the prison or place of detention or the Director of the children detention school, as the case may be, concerned.

• (7) The Director of a children detention school shall inform the board of management of the school of a delegation under this section but, if he or she does not do so, it shall not affect the validity of the delegation or of any act or thing done pursuant to it.

• (8) In this section “board of management”, in relation to a children detention school, shall be construed in accordance with section 164 of the Act of 2001.

154. Delegation of functions of Director of FSI under this Act

154. (1) The Director of FSI may, in writing, delegate any of his or her functions F48under this Act or under [section 10](https://www.irishstatutebook.ie/eli/1984/act/18/section/10) of the [Misuse of Drugs Act 1984] to members of the staff of FSI specified by grade, name or otherwise.

• (2) A delegation under this section may—

• (a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

• (b) be made subject to conditions or restrictions, and

• (c) be revoked or varied by the Director of FSI at any time.

• (3) The delegation of a function under this section does not preclude the Director of FSI from performing the function.

• (4) Where the functions of the Director of FSI F48under a provision of this Act or under [section 10](https://www.irishstatutebook.ie/eli/1984/act/18/section/10) of the [Misuse of Drugs Act 1984] are delegated to a member of the staff of FSI, any references in that provision to the Director of FSI shall be construed as references to that member of staff.

• (5) An act or thing done by a member of the staff of FSI pursuant to a delegation under this section has the same force and effect as if done by the Director of FSI.

155. Further provisions regarding taking of samples under this Act or certain identification evidence under Act of 2008 or Act of 2006

155. (1) A sample under this Act or identification evidence under the Act of 2008 or the Act of 2006—

• (a) shall be taken from a person in circumstances affording reasonable privacy to the person, and

• (b) shall not be taken from a person in the presence or view of a person whose presence is not necessary for the purposes of the taking of the sample or that identification evidence, as the case may be, or required or permitted by this Act or each of those Acts, as the case may be.

• (2) Nothing in this Act authorises the taking of a sample or such identification evidence from a person in a cruel, inhuman or degrading manner.

• (3) A sample shall not be taken under Part 2 from a person who is in custody under any of the provisions referred to in section 9(1) while he or she is being questioned under that provision and, if questioning has not been completed before the sample is to be taken, it shall be suspended while the sample is being taken.

• (4) In this section “identification evidence” —

• (a) in the case of the Act of 2008, has the meaning given to it by section 76 of that Act other than a fingerprint, palm print or photograph of a person, and

• (b) in the case of the Act of 2006, has the meaning given to it by section 50 of that Act other than a fingerprint, palm print, iris identification or photograph of a person.

156. Regulations regarding taking of samples

156. (1) Subject to this Act, the Minister shall make regulations relating to the taking of samples under this Act.

• (2)
• (a) Without prejudice to the generality of subsection (1), the regulations shall, in relation to the taking of samples under Part 4 from child offenders, prescribe arrangements regarding the timing of the taking of such samples from child offenders having regard to—

• (i) the desirability, where appropriate, of taking such samples while child offenders are detained in a children detention school or a place of detention,

• (ii) in the case of child offenders who are so detained, the desirability of taking such samples at as late a date as is practicable consistent with the requirements of this Act regarding the taking of such samples, and

• (iii) the need for child offenders to be of an age at which they have the capacity to understand the general nature and effect of the taking of such samples from them.

• (b) Regulations under this subsection may prescribe different arrangements regarding the taking of samples under Part 4 from child offenders of different ages and in respect of child offenders who are detained in a children detention school or a place of detention and those who are not so detained.

• (3) Without prejudice to the generality of subsection (1), the regulations may prescribe all or any of the following:

• (a) the manner in which samples may be taken under this Act;

• (b) the location and physical conditions in which samples may be taken under this Act;

• (c) the persons (including members of the Garda Síochána, prison officers, authorised members of the staff of a children detention school or authorised persons), and the number of such persons, who may be present when samples are taken, or to be taken, under this Act;

• (d) the manner in which, and by whom, the following shall be recorded in the records of a Garda Síochána station or, in the case of F49[the Police Ombudsman, the records of the Police Ombudsman]:

• (i) an authorisation given by a member of the Garda Síochána under this Act;

• (ii) a consent given, a refusal to give consent or a withdrawal of consent by a person (or child) under this Act;

• (iii) the giving of information to a person (or child) by a member of the Garda Síochána or an authorised person under this Act;

• (iv) a notice sent or given by a member of the Garda Síochána, or sent or given to a member of the Garda Síochána, under this Act;

• (v) an application or a request relating to the destruction of a sample, or the removal of a DNA profile from the DNA Database System, or both made under Part 10;

• (vi) a notice sent or given by the Commissioner to a person (or child) under section 98;

• (vii) particulars of the location, time and manner of the taking of a sample authorised to be taken by a member of the Garda Síochána under this Act;

• (e) the manner in which, and by whom, the following shall be recorded in the records of a prison:

• (i) an authorisation given by the governor of the prison;

• (ii) the giving of information to an offender by a prison officer under Part 4;

• (iii) particulars of the location, time and manner of the taking of a sample by a prison officer under this Act;

• (f) the manner in which, and by whom, the following shall be recorded in the records of a children detention school:

• (i) an authorisation given by the Director of the school under this Act;

• (ii) the giving of information to a child offender by an authorised member of the staff of the school under Part 4;

• (iii) particulars of the location, time and manner of the taking of a sample by an authorised member of the staff of the school under this Act;

• (g) the manner in which, and by whom, the following shall be recorded in the records of a place of detention:

• (i) an authorisation given by the governor of the place of detention under this Act;

• (ii) the giving of information to a child offender by a prison officer in a place of detention under Part 4;

• (iii) particulars of the location, time and manner of the taking of a sample by a prison officer in a place of detention under this Act.

157. Codes of practice

157. (1) The Commissioner shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking of samples by—

• (a) members of the Garda Síochána,

• (b) authorised persons, or

• (c) other persons who are prescribed for the purpose of taking samples under section 35, 49 or 50,

from persons or bodies of deceased persons, as the case may be, under this Act or causing such samples to be taken.

• (2) The Ombudsman Commission shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking by designated officers of the Ombudsman Commission within the meaning of Part 4 of the Act of 2005 of samples from persons under this Act or causing such samples to be taken.

• F50[(2A) Where, immediately before the coming into operation of section 170 of the Policing, Security and Community Safety Act 2024, a code of practice prepared under subsection (2) has been approved under this section, the code of practice shall be deemed to have been prepared by the Police Ombudsman.]

• (3) The Director General of the Irish Prison Service of the Department of Justice and Equality shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking by prison officers of samples from persons under this Act or causing such samples to be taken.

• (4) The Director of FSI shall, as soon as practicable after the commencement of this section, prepare for submission to the Minister a draft code of practice for the purpose of providing practical guidance as to the procedures regarding the taking by persons who are authorised in writing by the Director of FSI of samples from persons under this Act or causing such samples to be taken.

• (5) The National Director of the Irish Youth Justice Service of the Department of Children and Youth Affairs shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking by authorised members of the staff of children detention schools of samples from children under this Act or causing such samples to be taken.

• (6) A code of practice prepared under this section shall be submitted to the Minister for approval.

• (7) The Minister may approve, or approve subject to modifications, a code of practice submitted to the Minister under subsection (6) and, when a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

• (8)
• (a) A code of practice approved under this section may be amended or revoked.

• (b) Amendments to such a code of practice, other than amendments of a minor or technical nature, shall be submitted to the Minister for approval.

• (c) If it is proposed to revoke a code of practice approved under this section, the proposed revocation shall be submitted to the Minister for approval.

• (9) The Minister may approve, or approve subject to modifications, an amended code of practice submitted to the Minister under subsection (8)(b) and, when such a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

• (10) The Minister may approve the revocation of a code of practice.

• (11) A code of practice, or an amended code of practice, approved by the Minister under this section shall be made publicly available by the Commissioner or other person or body who prepared it.

158. Protocols

158. (1) As soon as practicable after the commencement of this section, the Director of FSI, the Commissioner and the Ombudsman Commission shall, by written protocols, make arrangements concerning the following matters:

• (a) the transmission of samples taken under this Act by the Garda Síochána or the Ombudsman Commission to FSI;

• (b) the reporting by the Director of FSI of the results of searches of the DNA Database System to the Garda Síochána or the Ombudsman Commission, as may be appropriate;

• (c) the operation of Part 10.

• F51[(1A) Where, immediately before the coming into operation of section 170 of the Policing, Security and Community Safety Act 2024, arrangements, by written protocols, have been made concerning the matters referred to in subsection (1), the arrangements shall be deemed to have been made by the Director of FSI, the Commissioner and the Police Ombudsman.]

• (2) As soon as practicable after the commencement of this section, the Director of FSI, the Director General of the Irish Prison Service of the Department of Justice and Equality and the National Director of the Irish Youth Justice Service of the Department of Children and Youth Affairs shall, by written protocols, make arrangements concerning the transmission of samples taken under this Act from persons in prisons, places of detention and children detention schools to FSI.

159. Disclosure of information

159. (1) Without prejudice to the Official Secrets Act 1963 and subject to section 69, a person who has, or has had, access to information relating to a sample taken from a person (or child) under this Act, or information in the DNA Database System, shall not disclose the information except for one or more of the following purposes:

• (a) the purposes of the investigation of an offence or an inquiry relating to a missing person, an unknown person or an unknown deceased person;

• (b) the purpose of a decision whether to institute proceedings for an offence;

• (c) the purposes of criminal proceedings;

• (d) the purpose of determining whether it is necessary to take a sample under this Act;

• (e) the purposes of an inquest under the Coroners Act 1962;

• (f) the purpose of making the information available to the person to whom the information relates;

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

• (h) the purposes of administering the DNA Database System;

• (i) the purposes of automated searching and automated comparison of DNA profiles in the DNA Database System in accordance with Chapter 2of Part 12;

• (j) the purposes of a request under Chapter 3 of Part 5 of the Act of 2008 or a request under section 50 of the Act of 2006;

• (k) the purposes of compliance with section 8 or 9 of the Europol Act 2012;

• (l) the purposes of Chapter 7 of Part 12;

• (m) the purposes of an investigation of a complaint concerning the conduct of a member of the Garda Síochána by the F52[Police Ombudsman];

• (n) the purposes of the performance by the Committee of its functions under this Act;

• (o) the purposes of the performance by the Data Protection Commissioner of his or her functions under the Data Protection Act 1988;

• (p) the purposes of civil proceedings (including disciplinary proceedings) regarding the manner in which a sample was taken under this Act;

• (q) the disclosure of the information to any person if the person to whom the information relates consents to its disclosure to that person;

• (r) any other purpose that is prescribed.

• (2) A person who intentionally or recklessly discloses information in contravention of this section shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

160. Offences and penalties

160. (1) A person who obstructs or attempts to obstruct any member of the Garda Síochána or other person acting under powers conferred by Part 2 other than section 11 shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €30,000 or imprisonment for a term not exceeding 3 years or both.

• (2) A person who obstructs or attempts to obstruct a member of the Garda Síochána, a prison officer of a prison or a place of detention or an authorised member of the staff of a children detention school acting under powers conferred by section 11, 31, 32 or 34 shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

• (3) A person who—

• (a) obstructs a member of the Garda Síochána in the exercise of his or her powers under section 35, or

• (b) does not comply, or obstructs compliance, with an order made by a judge of the District Court under that section,

shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

• (4) A person who obstructs or attempts to obstruct the Committee in the performance of its functions under Part 9 shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

• (5) The application of this section to a child is without prejudice to section 108 of the Act of 2001.

161. Authorisations under this Act

161. (1) An authorisation given under—

• (a) section 11(2), 12(2)(a), 13(2), 20(1)(b)(i), 24(3), 25(3)(i), 29(2), 34(2), 48(3) or 50(2),

• (b) subsection (4) or (5) of section 21,

• (c) subsection (4) or (5) of section 22,

• (d) subsection (5) or (7)(a) of section 31,

• (e) subsection (5) or (7)(a) of section 32,

• (f) paragraph (a), (b) or (c) of section 36(3), or

• (g) subsection (7)(a) or (8)(a) of section 38 ,

may be given orally but, if it is given orally, it shall be confirmed in writing as soon as practicable.

• (2) The Minister may prescribe the form of any authorisation referred to in subsection (1).

162. Evidence of certain authorisations under this Act

162. (1) In any criminal proceedings, a certificate to which an authorisation given under Part 2 other than section 11, or a copy of such an authorisation, is annexed—

• (a) purporting to be signed by a member of the Garda Síochána, and

• (b) stating that—

• (i) he or she gave the authorisation concerned, and

• (ii) if appropriate, the grounds on which that authorisation was given,

shall be admissible as evidence of the matters stated in the certificate.

• (2) In any criminal proceedings, the court may—

• (a) if it considers that the interests of justice so require, direct that oral evidence be given of the matters stated in a certificate under this section, and

• (b) adjourn the proceedings to a later date for the purpose of receiving the oral evidence.

• (3) The Minister may prescribe the form of a certificate under this section.

163. Service of notices

163. A notice that is required to be sent or given to a person under this Act may be sent or given to the person in one of the following ways:

• (a) by delivering it to the person or his or her solicitor;

• (b) by addressing it to the person and leaving it at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address or by addressing it to his or her solicitor and leaving it at the solicitor’s office;

• (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

Number and Year (1)	Short Title (2)	Provision amended (3)
No. 13 of 1939	Offences Against the State Act 1939	Section 30A(1).
No. 22 of 1984	Criminal Justice Act 1984	Section 10(1).
No. 29 of 1996	Criminal Justice (Drug Trafficking) Act 1996	Section 4(1).
No. 29 of 2007	Criminal Justice Act 2007	Section 51(1).

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. F53[…]

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.

SCHEDULE 1 DNA Database System Oversight Committee

Section 71

Membership of Committee

• (2) The Director of FSI shall be an ex officio member of the Committee.

• (3) The chairperson and ordinary members (other than the Director of FSI) of the Committee shall be appointed by the Minister.

• (4) The chairperson of the Committee shall be a judge of the High Court or the Circuit Court or a former judge of the High Court or the Circuit Court.

• (5) F54[…]

• (6) The Minister shall, in so far as practicable, ensure that there is an equal balance of men and women amongst the persons who are appointed to be ordinary members of the Committee.

• (7) When appointing persons to be ordinary members of the Committee, the Minister shall have regard to the desirability of their having obtained qualifications, experience or expertise in science, F55[human rights, data protection] or any other field which the Minister considers appropriate having regard to the functions of the Committee under this Act.

Terms and conditions of office of members of Committee

• (2) Subject to this paragraph, a member of the Committee shall be eligible for re-appointment.

• (3) The Minister may at any time, for stated reasons, terminate the membership of any member of the Committee.

• (4) A member of the Committee may resign his or her membership of the Committee by notice in writing sent or given to the Minister, and the resignation shall take effect on the day on which the Minister receives the notice.

• (5) The members of the Committee shall, subject to the provisions of this Schedule, hold office upon such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

• (6) The chairperson of the Committee other than a serving judge and the ordinary members of the Committee, other than the Director of FSI F54[…], shall be paid such remuneration (if any) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

• (7) The chairperson and ordinary members of the Committee shall be paid such allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

Vacancies in membership of Committee

• (2) A member of the Committee who is appointed to fill any such vacancy holds office for the remainder of the term of office of the replaced member of the Committee.

• (3) The Committee may act notwithstanding one or more vacancies in its membership.

Meetings and procedures of Committee

• (2) Subject to the provisions of this Schedule, the Committee shall regulate its own procedure by rules or otherwise.

• (3) At a meeting of the Committee—

• (a) the chairperson of the Committee shall, if present, be the chairperson of the meeting, or

• (b) if and for so long as the chairperson of the Committee is not present or if that office is vacant, the members of the Committee who are present shall choose one of their number to be chairperson of the meeting.

Funds, facilities and services for Committee

• (2) The Committee may, with the approval of the Minister, engage such consultants or advisers with scientific or technical expertise as the Committee considers necessary for the performance of its functions under this Act.

SCHEDULE 2 Text of Council Decision 2008/615/JHA of 23 June 2008

Section 109

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 30(1) (a) and (b), Article 31(1) (a), Article 32 and Article 34(2) (c) thereof,

Having regard to the initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden,

Having regard to the Opinion of the European Parliament¹

Whereas:

• (1) Following the entry into force of the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, crossborder crime and illegal migration hereinafter (Prüm Treaty), this initiative is submitted, in consultation with the European Commission, in compliance with the provisions of the Treaty on European Union, with the aim of incorporating the substance of the provisions of the Prüm Treaty into the legal framework of the European Union.

• (2) The conclusions of the European Council meeting in Tampere in October 1999 confirmed the need for improved exchange of information between the competent authorities of the Member States for the purpose of detecting and investigating offences.

• (3) In the Hague Programme for strengthening freedom, security and justice in the European Union of November 2004, the European Council set forth its conviction that for that purpose an innovative approach to the cross-border exchange of law enforcement information was needed.

• (4) The European Council accordingly stated that the exchange of such information should comply with the conditions applying to the principle of availability. This means that a law enforcement officer in one Member State of the Union who needs information in order to carry out his duties can obtain it from another Member State and that the law enforcement authorities in the Member State that holds this information will make it available for the declared purpose, taking account of the needs of investigations pending in that Member State.

• (5) The European Council set 1 January 2008 as the deadline for achieving this objective in the Hague Programme.

• (6) Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union² already lays down rules whereby the Member States’ law enforcement authorities may exchange existing information and intelligence expeditiously and effectively for the purpose of carrying out criminal investigations or criminal intelligence operations.

• (7) The Hague Programme for strengthening freedom, security and justice states also that full use should be made of new technology and that there should also be reciprocal access to national databases, while stipulating that new centralised European databases should be created only on the basis of studies that have shown their added value.

• (8) For effective international cooperation it is of fundamental importance that precise information can be exchanged swiftly and efficiently. The aim is to introduce procedures for promoting fast, efficient and inexpensive means of data exchange. For the joint use of data these procedures should be subject to accountability and incorporate appropriate guarantees as to the accuracy and security of the data during transmission and storage as well as procedures for recording data exchange and restrictions on the use of information exchanged.

• (9) These requirements are satisfied by the Prüm Treaty. In order to meet the substantive requirements of the Hague Programme for all Member States within the time-scale set by it, the substance of the essential parts of the Prüm Treaty should become applicable to all Member States.

• (10) This Decision therefore contains provisions which are based on the main provisions of the Prüm Treaty and are designed to improve the exchange of information, whereby Member States grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data. In the case of data from national DNA analysis files and automated dactyloscopic identification systems, a hit/no hit system should enable the searching Member State, in a second step, to request specific related personal data from the Member State administering the file and, where necessary, to request further information through mutual assistance procedures, including those adopted pursuant to Framework Decision 2006/960/JHA.

• (11) This would considerably speed up existing procedures enabling Member States to find out whether any other Member State, and if so, which, has the information it needs.

• (12) Cross-border data comparison should open up a new dimension in crime fighting. The information obtained by comparing data should open up new investigative approaches for Member States and thus play a crucial role in assisting Member States’ law enforcement and judicial authorities.

• (13) The rules are based on networking Member States’ national databases.

• (14) Subject to certain conditions, Member States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension.

• (15) In the implementation of Article 12, Member States may decide to give priority to combating serious crime bearing in mind the limited technical capacities available for transmitting data.

• (16) In addition to improving the exchange of information, there is a need to regulate other forms of closer cooperation between police authorities, in particular by means of joint security operations (e.g. joint patrols).