Criminal Justice Act 2006
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Amendment of Criminal Justice (Forensic Evidence) Act 1990. |
14.— The Criminal Justice (Forensic Evidence) Act 1990 is amended— | |
(a) in section 2— | ||
(i) in subsection (1)— | ||
(I) by the substitution of “the provisions of subsections (4) to (8A)” for “the provisions of subsections (4) to (8)”, | ||
(II) by the substitution of the following paragraph for paragraph (b): | ||
“(b) a swab from any part of the body including the mouth but not from any other body orifice or a genital region,”, | ||
(III) by the substitution of the following paragraph for paragraph (c): | ||
“(c) a swab from a body orifice, other than the mouth, or a genital region,”, | ||
(IV) in paragraph (e), by the deletion of “or mouth”, | ||
(ii) by the insertion of the following subsection after subsection (1): | ||
“(1A) A reference in subsection (1) of this section to the mouth shall be read as including a reference to the inside of the mouth.”, | ||
(iii) in subsection (2), by the substitution of “the provisions of subsections (3) to (8A)” for “the provisions of subsections (3) to (8)”, | ||
(iv) in subsection (4)(b), by the substitution of “subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (1) of this section” for “subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (1) of this section”, | ||
(v) in subsection (5), by the insertion in paragraph (a)(ii) after “applies” of “or a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994 ”, | ||
(vi) by the insertion of the following subsection after subsection (8): | ||
“(8A) Where a sample of hair other than pubic hair is taken in accordance with this section— | ||
(a) the sample may be taken by plucking hairs with their roots and, in so far as it is reasonably practicable, the hairs shall be plucked singly, and | ||
(b) no more hairs shall be plucked than the person taking the sample reasonably considers to be necessary to constitute a sufficient sample for the purpose of forensic testing.”, | ||
(vii) in subsection (9), by the substitution of “€3,000” for “£1,000”, | ||
(b) in section 4— | ||
(i) in subsection (2), by the substitution of “within twelve months from the taking of the sample” for “within six months from the taking of the sample”, and | ||
(ii) by the substitution of the following subsections for subsection (3): | ||
“(3) Where proceedings have been so instituted and— | ||
(a) the person is acquitted, | ||
(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967 , or | ||
(c) the proceedings are discontinued, | ||
the destruction of the record and the sample identified by such record shall be carried out on the expiration of twenty-one days after the acquittal, dismissal or discontinuance, as the case may be, unless an order has been made under subsection (5) of this section. | ||
(3A) For the purposes of subsection (3)(b) of this section, a charge against the person in respect of the offence concerned shall be regarded as dismissed when— | ||
(a) the time for bringing an appeal against the dismissal has expired, | ||
(b) any such appeal has been withdrawn or abandoned, or | ||
(c) on any such appeal, the dismissal is upheld.”, | ||
(c) in section 5(2), by the deletion of “and” at the end of paragraph (a) and the insertion of the following paragraph after paragraph (a): | ||
“(aa) make provision for— | ||
(i) the manner in which samples may be taken, | ||
(ii) the location and physical conditions in which samples may be taken, and | ||
(iii) the persons (including members of the Garda Síochána), and the number of such persons, who may be present when samples are taken, and”. |