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

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.