Defence Forces (Evidence) Act 2022
|
Taking of samples from persons in custody of Military Police for purposes of DNA (Military Police) Database System | ||
|
9. (1) Subject to this Act, a member of the Military Police may take, or cause to be taken, from a person who is placed in service custody in connection with a relevant offence, a sample for the purpose of generating a DNA profile in respect of the person to be entered in the reference (Military Police) index of the DNA (Military Police) Database System. | ||
(2) A sample may only be taken from a person under subsection (1) if a member of the Military Police not below the rank of captain authorises it to be taken. | ||
(3) Before a member of the Military Police takes, or causes to be taken, a sample under this section from a person, the member shall inform the person of the following: | ||
(a) that an authorisation to take the sample from him or her has been given under subsection (2); | ||
(b) in a case in which a sample already taken under this section from the person has proved to be insufficient— | ||
(i) that that sample has proved to be insufficient, and | ||
(ii) that either— | ||
(I) another authorisation under subsection (2) is not, by virtue of section 4 (6), required, or | ||
(II) an authorisation to take a second sample from him or her has, in accordance with section 16 (1), been given under subsection (2); | ||
(c) that if the person fails or refuses to allow the sample to be taken from him or her, reasonable force may be used in accordance with section 15 ; | ||
(d) that the sample will be 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 and the effect of such an entry; | ||
(e) that the sample, or the DNA profile generated from the sample in respect of the person, may be transmitted or provided to a person or body in connection with the investigation of offences against military law and court-martial proceedings (whether within or outside the State) as provided for in, or permitted by, this Act; | ||
(f) that the sample may be destroyed, and the DNA profile in respect of the person entered in the reference (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7 . |