Defence Forces (Evidence) Act 2022

(c) any other matter that the provost marshal 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 provost marshal determines that one of the paragraphs of subsection (1) applies, then, he or she may, during the retention period referred to in section 47, give an authorisation to extend that period by a period of 12 months.

(4) The provost marshal 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 provost marshal 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 to whom the authorisation concerned relates, cause the person from whom the sample concerned was taken 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 the right of appeal under subsection (6).

(6) The person to whom the authorisation concerned relates may, within the period of 3 months from the date of the notice under subsection (5) concerned, appeal to the summary court-martial against that authorisation.

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

(a) be on notice to the provost marshal, and

(b) be heard otherwise than in public.

(8) If, on an appeal under subsection (6), the summary court-martial—

(a) confirms the authorisation concerned, or

(b) allows the appeal,

the provost marshal shall give effect to the decision of the summary court-martial.

(9) Nothing in this section shall—

(a) prevent or restrict the exercise of powers conferred by section 10 or 11, 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) an investigation into an alleged offence against military law, or

(iii) other proceedings.

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

49. (1) Notwithstanding sections 47 and 48, if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), 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 existence of one or more of the following:

(a) it is established, at any time after the person concerned is placed in service custody 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 placing in service custody of the person concerned 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;

(c) it is determined by a court that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful.

50. Destruction of certain samples taken for purposes of DNA (Military Police) Database System

50. (1) Subject to subsection (2), a sample taken from a person under section 9 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 date of the taking of the sample,

whichever occurs later.

(2) If the provost marshal is satisfied that exceptional circumstances, specified in subsection (3), exist that justify the destruction of a sample taken from a person under section 9, 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 existence of one or more of the following:

(a) it is established, at any time after the placing in service custody of the person concerned 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 placing in service custody of the person concerned 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 placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful.

51. Removal of certain DNA profiles from reference (Military Police) index of DNA (Military Police) Database System in certain circumstances

51. (1) Subject to section 52,a DNA profile of a person generated from a sample taken from him or her under section 9, 10 or 11 and entered in the reference (Military Police) index of the DNA (Military Police) 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 9, 10 or 11 and 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 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 in accordance with section 177, 177C, 177D, 178, 178C or 178D of the Act of 1954, or

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

(b) in a case where the sample was taken from the person under section 9, 10 or 11 and his or her conviction for the relevant offence concerned, in connection with which that sample was taken, is quashed;

(c) the person’s conviction for the offence against military law 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) For the purposes of this section, “retention period”, in relation to the DNA profile of a person that is entered in the reference (Military Police) index of the DNA (Military Police) 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).

52. Extension of retention period under section 51 for certain DNA profiles in reference (Military Police) index of DNA (Military Police) Database System in certain circumstances

52. (1) A DNA profile of a person in the reference (Military Police) index of the DNA (Military Police) Database System shall not be removed from that System under section 51 in any case in which the provost marshal determines that it is necessary to retain the DNA profile in that index of that System to assist in the investigation or prosecution of a relevant offence.

(2) The provost marshal may determine under subsection (1) that the DNA profile of a person shall be retained in the reference (Military Police) index of the DNA (Military Police) 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 provost marshal 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

(ii) if such proceedings have been instituted against the person, they were determined without him or her being convicted of the relevant offence concerned.

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

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

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

(c) any other matter that the provost marshal considers appropriate for the purposes of the determination.

(4) Subject to subsection (7), if, in relation to the DNA profile of a person, the provost marshal 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 51, give an authorisation to extend that period by a period of 12 months.

(5) Subject to subsection (7), the provost marshal 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 provost marshal 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 for a period of more than 6 years from—

(a) the date of the taking of the sample concerned from the person, or

(b) if appropriate, the date on which that sample is deemed under section 55 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 provost marshal 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 51,give an authorisation to extend that period.

(9) An authorisation under subsection (8) may extend the retention period referred to in section 51 for no longer than, in the case of any person, a period of 6 years from—

(a) the date of the taking of the sample concerned from the person, or

(b) if appropriate, the date on which that sample is deemed under section 55 to have been taken from him or her,

whichever is the later.

(10) Whenever the provost marshal gives an authorisation under subsection (4), (5), (6) or (8), he or she shall, in relation to the DNA profile of the person to whom the authorisation concerned relates, cause the person 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 may, within the period of 3 months from the date of the notice under subsection (10) concerned, appeal to the summary court-martial against that authorisation.

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

(a) be on notice to the provost marshal, and

(b) be heard otherwise than in public.

(13) If, on an appeal under subsection (11), the summary court-martial—

(a) confirms the authorisation concerned, or

(b) allows the appeal,

the provost marshal shall give effect to the decision of the summary court-martial.

(14) Nothing in this section shall—

(a) prevent or restrict the exercise of powers conferred by section 9, 10 or 11, 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) an investigation into an alleged offence against military law, or

(iii) other proceedings.

53. Removal in exceptional circumstances of certain DNA profiles in reference (Military Police) index of DNA (Military Police) Database System from that system

53. (1) Notwithstanding sections 51 and 52, if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), exist that justify the removal from the DNA (Military Police) Database System of a DNA profile that was generated from a sample taken from a person under section 9, 10 or 11 and entered in the reference (Military Police) 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 existence of one or more of the following:

(a) it is established, at any time after the person concerned is placed in service custody 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 placing in service custody of the person concerned 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;

(c) it is determined by a court that the placing in service custody of the person concerned 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 unlawful.

54. DNA profiles not to be removed from DNA (Military Police) Database System in certain circumstances

54. (1) Section 51 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 (Military Police) index of the DNA (Military Police) 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 (Military Police) index of the DNA (Military Police) Database 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 is dismissed in accordance with section 177, 177C, 177D, 178, 178C or 178D of the Act of 1954, or

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

or

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

(i) the conviction for that relevant offence is quashed, or

(ii) the conviction for that relevant offence 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 (Military Police) index of the DNA (Military Police) Database System by reference to the subsequent relevant offence referred to in paragraph (a), (b) or (c) of that subsection, as may be appropriate.

(3) In this section, references to the retention period shall be construed as references to the retention period under section 51 and any extension of that period under an authorisation given under subsection (4), (5), (6) or (8) of section 52, that, but for subsection (1), would have applied.

55. Date on which sample under section 9, 10 or 11 may be deemed to have been taken in certain circumstances

55. (1) This section applies where a sample (in this section referred to as the “first sample”) is taken from a person under section 9, 10 or 11 while he or she is placed in service custody for the purposes of the investigation of a relevant offence and a DNA profile in respect of the person is generated from that sample and entered in the reference (Military Police) index of the DNA (Military Police) 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”) under section 9 while the person is placed in service custody for the purposes of the investigation of a relevant offence other than the offence in connection with which the first sample was taken, or

(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 (Military Police) index of the DNA (Military Police) 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 for the purposes of the application of subsection (7) or (9) of section 52 to the person.

(3) The subsequent date for the purposes of subsection (2)(a) shall be the latest date on which a sample under section 9 may have been taken from the person concerned.

Chapter 3 Application of this Part to persons from whom samples were taken under Part 3

56. Destruction of samples taken from persons under section 19 and removal of their DNA profiles from DNA (Military Police) Database System

56. (1) Subject to subsection (4), a sample taken from a person under section 19 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 date of 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 19(2) applies entered in the elimination (Military Police) index of the DNA (Military Police) 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 member of the Military Police and the DNA profile concerned shall be removed from that System as soon as practicable after that period.

(3) A person to whom section 19(3) 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 (Military Police) Database System by notice in writing sent or given to the provost marshal.

(4) Subject to subsections (5) and (6), a sample taken under section 19 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 (Military Police) Database System, not more than 3 months after the receipt by the provost marshal of the notice under subsection (3).

(5) If the Director of FSI, following consultation with the provost marshal, is satisfied that there is good reason relating to the investigation of offences against military law why a DNA profile in respect of a person entered in the elimination (Military Police) index of the DNA (Military Police) Database System should not be removed from that System under subsection (2) or (4), the Director of FSI 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 (Military Police) Database System and he or she shall consult the provost marshal 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 19—

(a) if a direction is given by the Director of FSI 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.

57. Destruction of samples taken from person under section 20 and removal of their profiles from DNA (Military Police) Database System

57. (1) When the DNA profile of a person from whom a sample was taken under section 20 has been compared with a DNA profile that was generated from a crime scene sample, then, subject to subsections (2) and (3), the sample taken from the person, and the DNA profile generated from that sample in respect of the person, shall be destroyed as soon as practicable.

(2) Where the provost marshal, in the case of a sample taken from a person under section 20, is satisfied that there is good reason relating to the investigation of a particular offence against military law why the sample taken from the person under section 20 or the DNA profile generated from the sample, as the case may be, 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 against military law is concluded or any proceedings in respect of that offence against military law are determined, whichever is the later.

(3) The member of the Military Police 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 provost marshal shall, by notice in writing, inform a person from whom a sample was taken under section 20 where a direction is given by the provost marshal under subsection (2) in relation to the DNA profile in respect of the person.

Chapter 4 Application of this Part to persons from whom samples were taken under Part 4

58. Destruction of samples taken from persons under section 22 and destruction, or removal from DNA (Military Police) Database System, of their DNA profiles

58. (1) Subject to subsection (2), a person from whom a sample was taken under section 22 may request the destruction of the sample or the DNA profile generated from the sample, or both, by notice in writing sent or given to the provost marshal.

(2) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24, 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 60, a sample taken from a person under section 22, 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 provost marshal of the notice under subsection (1).

(4) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24, the provost marshal 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 (Military Police) Database System and retained solely for the purposes of the investigation of that offence.

(6) A member of the Military Police 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 (Military Police) Database System and retained solely for the purposes of the investigation of the particular offence concerned;

(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 22, 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 Military Police 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 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24, 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 5 Miscellaneous matters relating to destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles

59. Destruction of samples and destruction or removal of DNA profiles not previously destroyed or removed from DNA (Military Police) Database System

59. (1) An intimate or non-intimate sample taken from a person shall, if not previously destroyed, be destroyed not later than the expiration of the period of 25 years from the date of the taking of the sample.

(2) A DNA profile of a person entered in the DNA (Military Police) Database System shall, if not previously removed, be removed from that System not later than the expiration of the period of 25 years from the date of the taking of the sample from which that profile was generated.

60. Application to summary court-martial to retain certain samples and certain DNA profiles beyond retention period

60. (1) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the retention period under section 51 and any extension of that period under an authorisation given under section 52, that there is good reason why a DNA profile in respect of a person generated from a sample taken from him or her under section 9, 10 or 11 should not be removed from the DNA (Military Police) Database System in accordance with section 51 within that retention period as so extended, the summary court-martial may make an order authorising the retention of the DNA profile in that System for such period as it considers appropriate.

(2) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal, that there is good reason relating to the investigation of a particular offence in connection with which a sample was taken under section 22 why that sample and the DNA profile generated from it in respect of the person from whom it was taken should not be destroyed in accordance with section 58, the summary court-martial may make an order authorising the retention of the sample or the DNA profile, or both, for such period as it considers appropriate.

(3) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the period referred to in section 59(1), that there is good reason why an intimate or non-intimate sample taken from a person should not be destroyed in accordance with section 59(1) within that period, the summary court-martial may make an order authorising the retention of the sample for such period as it considers appropriate.

(4) If a summary court-martial is satisfied, on an application in that behalf by the provost marshal made within the period referred to in section 59(2), that there is good reason why a DNA profile entered in the DNA (Military Police) Database System should not be removed from that System in accordance with section 59(2) within that period, the summary court-martial may make an order authorising the retention of the DNA profile in that System for such period as it considers appropriate.

(5) If the provost marshal intends to make an application under subsection (1), (2), (3) or (4), the provost marshal shall inform, or cause to be informed, by notice in writing the person from whom the sample concerned was taken or in respect of whom the DNA profile was generated, as the case may be, of that intention.

(6) If, on an application under subsection (1), (2), (3) or (4), the person from whom the sample concerned was taken or in respect of whom the DNA profile was generated, as the case may be, applies to be heard by the summary court-martial, an order shall not be made under this section unless a reasonable opportunity has been given to that person to be heard.

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

61. Request to FSI or other person to destroy sample or destroy, or remove from DNA (Military Police) Database System, DNA profile

61. Where a sample taken under this Act from a person is required by this Act to be destroyed, or the DNA profile in respect of the person generated from the sample is required by this Act to be destroyed or removed from the DNA (Military Police) Database System, the provost marshal shall request, or cause to be requested—

(a) the Director of FSI or other person who holds the sample, to destroy the sample, or

(b) the Director of FSI, to destroy the DNA profile in respect of the person or remove it from that System, as may be appropriate,

or both, within the period permitted by this Act for the destruction of the sample concerned or the destruction of the DNA profile concerned or its removal from that System, as the case may be.

62. Circumstances in which person to be informed of destruction of sample or destruction, or removal from DNA (Military Police) Database System, of DNA profile

62. (1) Where, in relation to an intimate sample or a non-intimate sample taken from a person, the retention period under section 47 is extended on one or more occasions under section 48, the provost marshal shall, upon the expiration of that period (as so extended), cause the person from whom the sample concerned was taken to be informed by notice in writing as soon as may be after the sample concerned has been destroyed under this Part of its destruction.

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

(a) the retention period under section 51 is extended on one or more occasions under section 52, or

(b) a summary court-martial makes an order under section 60(1) authorising the retention of the DNA profile in that System for such period as it considers appropriate,

the provost marshal shall, upon the expiration of the period (as so extended) concerned, cause the person to whom the DNA profile relates to be informed by notice in writing as soon as may be after the removal of the DNA profile from that System of its removal.

(3) The provost marshal shall inform, or cause to be informed, by notice in writing a person from whom a sample was taken under section 19 or 20, as soon as may be after—

(a) the sample has been destroyed under this Part, of its destruction, or

(b) the removal of the DNA profile in respect of the person from the DNA (Military Police) Database System under this Part, of its removal from that System.

(4) The provost marshal shall, in relation to a sample taken under section 22, cause the person from whom the sample was taken if he or she applied for or requested—

(a) the destruction of the sample, or

(b) the destruction, or removal from the DNA (Military Police) Database System, of his or her DNA profile,

or both, to be informed by notice in writing as soon as may be after—

(i) the sample has been destroyed under this Part, of its destruction, or

(ii) the destruction of the DNA profile in respect of the person, of its destruction, or its removal from the DNA (Military Police) Database System under this Part, of its removal from that System, or both.

PART 8 Offences and penalties

63. Offences and penalties

63. A person subject to military law who obstructs or attempts to obstruct any member of the Military Police, or other person, acting under powers conferred by Part 2 or 6, commits an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C or 178C of the Act of 1954, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer imprisonment for—

(a) any term not exceeding 2 years, or

(b) any less punishment awardable by a court-martial.

64. Admissibility of evidence in case of non-compliance by member of Military Police with this Act or regulations thereunder

64. A failure to observe any provision of this Act or of any regulations made thereunder on the part of any member of the Military Police in the performance by him or her of any function under this Act, shall not, without prejudice to the power of the court-martial to exclude evidence at its discretion, of itself affect the admissibility of any evidence thereby obtained.

65. Disclosure of information

65. (1) Without prejudice to the Official Secrets Act 1963 and subject to section 71, a person who has, or has had, access to information relating to a sample taken from a person under this Act, or information in the DNA (Military Police) 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 against military law;

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

(c) the purposes of court-martial proceedings;

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

(e) the purposes of the investigation or prosecution of a criminal offence, other than an offence against military law;

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

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

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

(i) the purposes of administering the DNA (Military Police) Database System;

(j) the purposes of the performance by the Data Protection Commission of its functions under the Data Protection Acts 1988 to 2018;

(k) the purposes of civil proceedings regarding the manner in which a sample was taken under this Act;

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

(m) the automated searching of certain DNA profiles in the DNA (Military Police) Database System in accordance with Chapter 2 of Part 12 of the Act of 2014;

(n) the automated comparison of certain DNA profiles in the DNA (Military Police) Database System with other DNA profiles in accordance with Chapter 2 of Part 12 of the Act of 2014;

(o) any other purpose that is prescribed.

(2) A person subject to military law who intentionally or recklessly discloses information in contravention of this section commits an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C or 178C of the Act of 1954, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer imprisonment for—

(a) any term not exceeding 2 years, or

(b) any less punishment awardable by a court-martial.

(3) A person not subject to military law who intentionally or recklessly discloses information in contravention of this section commits 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 €10,000 or imprisonment for a term not exceeding 2 years, or both.

PART 9 Review of operation of Parts 6 and 7 by Minister

66. Review of operation of Parts 6 and 7 by Minister

66.The Minister shall, not later than 6 years after the commencement of this section, review the operation of—

(a) Part 6, insofar as it relates to the retention of forensic evidence or a photograph obtained under that Part, and

(b) Part 7, insofar as it relates to the operation of the DNA (Military Police) Database System,

and, thereafter, the Minister may conduct similar reviews at such times as the Minister considers appropriate.

67. Ministerial orders to change periods for destruction

67. (1) The Minister may by order under this section, if he or she considers it proper to do so following a review under section 66, provide for all or any of the following:

(a) that the period of 25 years specified in section 44 shall be decreased to such period as is specified in the order;

(b) that the period of 6 years specified in section 52(7) or (9) shall be decreased to such period as is specified in the order;

(c) that the period of 10 years specified in section 56(2) shall be decreased to such period as is specified in the order;

(d) that the period of 25 years specified in section 59(1) or (2) shall be decreased to such period as is specified in the order.

(2) When making an order under subsection (1), the Minister shall have regard to—

(a) any review by the Minister for Justice and Equality under section 95 of the Act of 2014, and

(b) any order made by the Minister for Justice and Equality under section 96 of the Act of 2014.

PART 10 Miscellaneous

68. Sample may be taken from person even if sample taken previously

68.Subject to sections 16, 21 and 23, 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, the Act of 2014 or otherwise prior to the commencement of this section, or

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

69. Delegation of functions of provost marshal under this Act

69. (1) The provost marshal may, in writing, delegate any of his or her functions under this Act to members of the Military Police specified by rank or name.

(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 provost marshal at any time.

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

(4) Where a function of the provost marshal under a provision of this Act is delegated to a person, any references in that provision to the provost marshal 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 provost marshal.

70. Delegation of functions of Director of FSI

70. (1) The Director of FSI may, in writing, delegate any of his or her functions under this Act 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 a function of the Director of FSI under a provision of this Act is delegated to a member of the staff of FSI, any reference in that provision to the Director of FSI shall be read as a reference 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.

71. Statistics

71. Nothing in this Act shall prevent a member of the staff of FSI from processing and using the information in the DNA (Military Police) 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.

72. Further provision regarding the taking of samples under this Act

72. (1) A sample under this Act—

(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 purpose of the taking of the sample or required or permitted by this Act.

(2) Nothing in this Act authorises the taking of a sample 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 placed in service custody in connection with a relevant offence while he or she is being questioned in relation to that offence and, if questioning has not been completed before the sample is to be taken, it shall be suspended while the sample is being taken.

73. Regulations regarding taking of samples

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

(2) Without prejudice to the generality of subsection (1), the regulations may provide for 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 Military Police), 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 the Military Police Corps:

(i) an authorisation given by a member of the Military Police under this Act;

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

(iii) the giving of information to a person by a member of the Military Police under this Act;

(iv) a notice sent or given by a member of the Military Police, or sent or given to a member of the Military Police, 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 (Military Police) Database System, or both, made under Part 7;

(vi) a notice sent or given by the provost marshal to a person under section 62;

(vii) particulars of the location, time and manner of the taking of a sample authorised to be taken by a member of the Military Police under this Act.

74. Protocols

74. As soon as practicable after the commencement of this section, the Director of FSI and the provost marshal, shall, by written protocols, make arrangements concerning the following matters:

(a) the transmission of samples taken under this Act by a member of the Military Police to FSI;

(b) the reporting by the Director of FSI of the results of searches of the DNA (Military Police) Database System to a member of the Military Police;

(c) the operation of Part 7.

75. Evidence of certain authorisations under this Act

75. (1) In any court-martial proceedings, a certificate to which an authorisation given under Part 2 (other than section 9) or Part 6, or a copy of such an authorisation, is annexed—

(a) purporting to be signed by a member of the Military Police, and

(b) stating—

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

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

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

(2) In any court-martial proceedings, the court-martial 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.

76. Authorisations under this Act

76. An authorisation given under section 9(2), 10(2)(a), 11(2), 14(1)(i), 15(2), 16(3)(i) or 34(2) may be given orally but, if given orally, the authorisation shall be confirmed in writing as soon as practicable in the form prescribed under section 5(4)(b) for that purpose.

77. Non-application of Act

77. (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 sample under that enactment,

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

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

(2) If a DNA profile is generated from a sample taken from a person under any provision of another enactment, it shall not be entered in the DNA (Military Police) Database System, unless it is provided for in this Act.

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

78. (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 Military Police shall forward, or cause to be forwarded, the sealed tamper-evident container containing the relevant sample concerned for forensic testing.

(5) In any court-martial 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, “crime scene sample” means any substance or material (or a sample thereof) found at, or recovered from, a crime scene with a view to it being subject to forensic testing.

(7) In this section and in section 79—

“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.

79. Provisions relating to evidence in court-martial proceedings regarding certain samples

79. (1) In any court-martial proceedings, a certificate purporting to be signed by a member of the staff of FSI and stating, in relation to a relevant sample—

(a) that the sample was contained in a tamper-evident container marked with a unique number that is specified in the certificate,

(b) that he or she conducted a thorough examination of the tamper-evident container immediately before opening it and that the container displayed no sign of anyone having opened or attempted to open it,

(c) that he or she opened the tamper-evident container in which the sample was contained and removed the sample from it for forensic testing, and

(d) the date of opening the tamper-evident container and removing the sample from it,

shall, until the contrary is shown, be evidence of the matters stated in the certificate without proof of any signature thereon or that any such signature is that of such member of staff of FSI.

(2) In any court-martial 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.

80. Service of notices

80. 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.

81. Code of practice

81. (1) The provost marshal 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 members of the Military Police from persons under this Act or causing such samples to be taken.

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

(3) The Minister may approve, or approve subject to modifications, a code of practice submitted to the Minister under subsection (2) and, when a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

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

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

(6) 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.

(7) The Minister may approve, or approve subject to modifications, an amended code of practice submitted to the Minister under subsection (5) and, when such a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

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

(9) A code of practice, or an amended code of practice, approved by the Minister under this section shall be made publicly available by the provost marshal.

PART 11 Amendment of Act of 2014

82. Amendment of section 2 of Act of 2014 (interpretation)

82.Section 2 of the Act of 2014 is amended, in subsection (1), by the insertion of the following definitions:

“ ‘Act of 2022’ means the Defence Forces (Evidence) Act 2022;

‘DNA (Military Police) Database System’ has the meaning it has in the Act of 2022;”.

83. Amendment of section 68 of Act of 2014 (permitted searching)

83. Section 68 of the Act of 2014 is amended by the insertion of the following subsection:

“(10) A DNA profile entered in the DNA Database System may be compared with a DNA profile entered in the DNA (Military Police) Database System, established under section 25 of the Act of 2022, in accordance with section 32 of that Act.”.

84. Amendment of section 72 of Act of 2014 (functions of committee)

84. Section 72 of the Act of 2014 is amended—

(a) in subsection (1), by—

(i) the substitution of “the DNA Database System and the DNA (Military Police) Database System” for “the DNA Database System”,

(ii) the substitution of “those Systems” for “the System” in each place where it occurs, and

(iii) the substitution of “this Act and the Act of 2022” for “this Act”,

(b) in subsection (2) —

(i) in paragraph (a), by—

(I) the substitution of “this Act and the Act of 2022” for “this Act”, and

(II) the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System,”,

(ii) in paragraph (b), by the substitution of “this Act and the Act of 2022” for “this Act”,

(iii) in paragraph (c), by—

(I) the substitution of “the DNA Database System and the DNA (Military Police) Database System are” for “the DNA Database System is”,

(II) the substitution of “those Systems” for “the System”, and

(III) the substitution of “this Act or the Act of 2022, as the case may be,” for “this Act”,

(iv) in paragraph (d), by—

(I) the substitution of “the DNA Database System and the DNA (Military Police) Database System” for “the DNA Database System”, and

(II) the substitution of “the Ombudsman Commission, the Military Police Corps” for “the Ombudsman Commission”,

and

(v) by the substitution of the following paragraph for paragraph (e):

“(e) the practices and procedures employed by the Director of FSI to ensure that samples taken under this Act or the Act of 2022 for the purpose of generating DNA profiles for entry in the DNA Database System or the DNA (Military Police) Database System, as the case may be, are destroyed, and the DNA profiles generated from those samples are removed from the system concerned, in accordance with Part 10 or the Act of 2022, as the case may be,”,

(c) in subsection (3) by—

(i) the substitution of “the DNA Database System and the DNA (Military Police) Database System” for “the DNA Database System”, and

(ii) the substitution of “the Minister, the Minister for Defence and the Director of FSI” for “the Minister and the Director of FSI”,

(d) by the substitution of the following subsection for subsection (4):

“(4) The Committee may, and if so requested by the Minister (in respect of the DNA Database System) or the Minister for Defence (in respect of the DNA (Military Police) Database System) shall, review any matter relating to the management and operation of the DNA Database System or the DNA (Military Police) Database System and shall submit a report in writing of any such review to the Minister (where the report relates to the DNA Database System) or the Minister for Defence (where the report relates to the DNA (Military Police) Database System).”,

(e) by the substitution of the following subsection for subsection (5):

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

(f) by the substitution of the following subsection for subsection (6):

“(6) A Minister of the Government to whom a report was submitted under subsection (4) may, when laying a copy of the report 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 the opinion that the disclosure of the matter—

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

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

and

(g) in subsection (7), by the substitution of “a Minister of the Government” for “the Minister”.

85. Amendment of section 73 of Act of 2014 (cooperation with committee)

85. Section 73 of the Act of 2014 is amended—

(a) in subsection (3), by the substitution of “the Garda Síochána, the Military Police Corps” for “the Garda Síochána”, and

(b) in subsection (4), by the substitution of “The Garda Síochána, the Military Police Corps” for “The Garda Síochána”.

86. Amendment of section 109 of Act of 2014 (interpretation (Part 12))

86. Section 109 of the Act of 2014 is amended in subsection (1) by—

(a) the insertion of the following definitions:

“‘crime scene (Military Police) index’ has the meaning it has in the Act of 2022;

‘reference (Military Police) index’ has the meaning it has in the Act of 2022;”,

and

(b) in the definition of “note”, the substitution of “the DNA Database System or the DNA (Military Police) Database System” for “the DNA Database System”.

87. Amendment of section 113 of Act of 2014 (automated searching of certain DNA data in DNA Database System)

87. Section 113 of the Act of 2014 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) For the purposes of the investigation of criminal offences in a designated state, the national contact point shall allow the national contact point of that designated state access to—

(a) the reference data in the DNA Database System in respect of DNA profiles entered in that System in—

(i) the crime scene index, and

(ii) the reference index, other than DNA profiles entered in that index under section 28,

and

(b) the reference data in the DNA (Military Police) Database System in respect of DNA profiles entered in that System in—

(i) the crime scene (Military Police) index, and

(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,

for the purpose of conducting an automated search of those reference data by comparing a DNA profile (whether identified or unidentified) in an individual case supplied by the national contact point of that designated state with the DNA profiles referred to in paragraphs (a) and (b) to ascertain whether there is a match between them.”,

(b) in subsection (2), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System” in each place where it occurs, and

(c) by the substitution of the following subsection for subsection (3):

“(3) If, in relation to a DNA profile supplied by the national contact point of a designated state pursuant to subsection (1), a match of DNA profiles is found, a note to that effect may be entered in the appropriate system in relation to the DNA profile for which a match is found in the DNA Database System or the DNA (Military Police) Database System, as the case may be.”.

88. Amendment of section 114 of Act of 2014 (automated comparison of unidentified DNA profiles supplied by designated state with certain DNA profiles in DNA Database System)

88. Section 114 of the Act of 2014 is amended—

(a) in subsection (1), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System”,

(b) by the substitution of the following subsection for subsection (2):

“(2) If a request under subsection (1) is acceded to, the national contact point shall allow the national contact point of the designated state concerned access to—

(a) the reference data in the DNA Database System in respect of the DNA profiles entered in that System in—

(i) the crime scene index, and

(ii) the reference index, other than DNA profiles entered in that index under section 28,

and

(b) the reference data in the DNA (Military Police) Database System in respect of the DNA profiles entered in that System in—

(i) the crime scene (Military Police) index, and

(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,

for the purposes of conducting an automated comparison of unidentified DNA profiles supplied in an automated way by the national contact point of that designated state with the DNA profiles referred to in paragraphs (a) and (b) to ascertain whether there is a match between any of them.”,

(c) in subsection (3), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System” in each place where it occurs, and

(d) by the substitution of the following subsection for subsection (4):

“(4) If, following a comparison of DNA profiles pursuant to subsection (2), a match of DNA profiles is found, a note to that effect may be entered in the appropriate system in relation to the DNA profile for which a match is found in the DNA Database System or the DNA (Military Police) Database System, as the case may be.”.

89. Amendment of section 115 of Act of 2014 (automated searching for certain DNA profiles in DNA analysis files of designated state)

89. Section 115 of the Act of 2014 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) For the purposes of the investigation of criminal offences in the State, an authorised officer for DNA data may, in connection with an individual case—

(a) supply through the DNA Database System a DNA profile entered in—

(i) the crime scene index, or

(ii) the reference index, other than DNA profiles entered in that index under section 28,

or

(b) supply through the DNA (Military Police) Database System a DNA profile entered in—

(i) the crime scene (Military Police) index, or

(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,

to the national contact point of a designated state for the purpose of conducting an automated search of the reference data in the DNA analysis files of that designated state by comparing the DNA profile concerned with the DNA profiles in those files to ascertain whether there is a match between them.”,

and

(b) in subsection (3), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System”.

90. Amendment of section 116 of Act of 2014 (automated comparison of DNA profiles in crime scene index with DNA profiles in DNA analysis files of designated state)

90. Section 116 of the Act of 2014 is amended—

(a) in subsection (2), by the substitution of “the DNA Database System, or the crime scene (Military Police) index of the DNA (Military Police) Database System,” for “the DNA Database System”, and

(b) by the substitution of the following subsection for subsection (4):

“(4) If, following a comparison of DNA profiles under subsection (2), a match of DNA profiles is found in the DNA analysis files of the designated state concerned, a note to that effect may be entered in the DNA Database System or the DNA (Military Police) Database System, as the case may be, in relation to the DNA profile, in respect of which the match was found, in—

(a) the crime scene index of the DNA Database System, or

(b) the crime scene (Military Police) index of the DNA (Military Police) Database System.”.

91. Amendment of section 118 of Act of 2014 (dactyloscopic data to which this Chapter applies)

91. Section 118 of the Act of 2014 is amended in paragraph (a) by the substitution of “a member of the Garda Síochána or a member of the Military Police Corps,” for “a member of the Garda Síochána,”.

92. Amendment of section 124 of Act of 2014 (purposes for which data may be processed)

92. Section 124 of the Act of 2014 is amended—

(a) in subsection (1)(c), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be” for “the DNA Database System”, and

(b) in subsection (3)(b), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be” for “the DNA Database System”.

PART 12 Miscellaneous amendments

93. Amendment of section 187A of Act of 1954 (summary court-martial)

93.Section 187A of the Act of 1954 is amended—

(a) in subsection (3) —

(i) by the substitution in paragraph (b) of “or 178C,” for “or 178C, and”,

(ii) by the substitution in paragraph (c) of “for legal aid, and” for “for legal aid.”, and

(iii) by the insertion of the following paragraphs after paragraph (c):

“(d) applications under section 35(1) of the Act of 2022,

(e) appeals under section 37(6) of the Act of 2022,

(f) applications under section 45(1) of the Act of 2022,

(g) appeals under section 48(6) of the Act of 2022,

(h) appeals under section 52(11) of the Act of 2022, and

(i) applications under section 60 of the Act of 2022.”,

and

(b) by the insertion of the following subsection after subsection (3):

“(4) In this section, “Act of 2022” means the Defence Forces (Evidence) Act 2022.”.

94. Amendment of Courts-Martial Appeals Act 1983

94. The Courts-Martial Appeals Act 1983 is amended—

(a) in section 25—

(i) by the insertion of the following definition:

“‘Act of 2022’ means the Defence Forces (Evidence) Act 2022;”,

and

(ii) by the substitution of the following definition for the definition of “legal aid certificate”:

“‘legal aid certificate’ means a legal aid (preliminary proceedings) certificate, a legal aid (court-martial) certificate, a legal aid (case stated) certificate, a legal aid (application concerning forensic evidence retention period) certificate, a legal aid (court-martial appeal) certificate or a legal aid (Supreme Court) certificate;”,

(b) in section 26(b), by the substitution of “any of the provisions of the Act of 1954 or the Act of 2022 or any instrument made under either of those Acts” for “any of the provisions of the Act of 1954 or any instrument made under that Act”, and

(c) by the insertion of the following section after section 27A:

“Legal aid (application concerning forensic evidence retention period) certificate

27B. (1) Where—

(a) a person appeals to the summary court-martial under section 37(6), 48(6) or 52(11) of the Act of 2022 or makes an application to the summary court-martial under section 45(1) or 60(6) of the Act of 2022, and

(b) a certificate for free legal aid (in this Part referred to as a ‘legal aid (application concerning forensic evidence retention period) certificate’) is granted in respect of the person concerned by the prescribed authority,

the person shall be entitled to free legal aid in the preparation and conduct of his or her appeal or the application, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.

(2) A legal aid (application concerning forensic evidence retention period) certificate shall be granted in respect of a person concerned if (but only if)—

(a) application is made therefor, and

(b) it appears to the prescribed authority that the means of the person concerned are insufficient to enable him or her to obtain legal aid.”.