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Chapter 3
Permitted searching
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Permitted searching
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32. (1) A DNA profile entered in the DNA (Military Police) Database System may only be compared with another DNA profile entered in the DNA (Military Police) Database System or the DNA Database System where—
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(a) the comparison is—
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(i) necessary for the purposes of the investigation of an offence against military law, and
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(ii) in accordance with this section,
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or
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(b) the comparison is done solely for the purpose of the administration of the DNA (Military Police) Database System.
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(2) A DNA profile entered in the crime scene (Military Police) index may be compared with—
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(a) the other DNA profiles entered in that index,
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(b) the DNA profiles entered in the reference (Military Police) index,
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(c) the DNA profiles entered in the elimination (Military Police) index, where the comparison is carried out in accordance with subsection (4),
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(d) the DNA profiles entered in the crime scene index under the Act of 2014,
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(e) the DNA profiles entered in the reference index under the Act of 2014,
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(f) the DNA profiles entered in the elimination (Garda Síochána) index under the Act of 2014, where the comparison is carried out in accordance with subsection (6),
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(g) the DNA profiles entered in the elimination (crime scene investigators) index under the Act of 2014, where the comparison is carried out in accordance with subsection (6), or
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(h) the DNA profiles entered in the elimination (prescribed persons) index under the Act of 2014, where the comparison is carried out in accordance with subsection (6).
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(3) A DNA profile entered in the reference (Military Police) index may be compared with—
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(a) the other DNA profiles entered in that index,
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(b) the DNA profiles entered in the crime scene (Military Police) index,
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(c) the DNA profiles entered in the crime scene index under the Act of 2014, or
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(d) the DNA profiles entered in the reference index under the Act of 2014.
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(4) A DNA profile in respect of a person that is entered in the elimination (Military Police) index may be compared with—
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(a) the other DNA profiles in that index, or
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(b) a DNA profile that is generated from a crime scene sample found at, or recovered from, a particular crime scene and entered in the crime scene (Military Police) index where—
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(i) such comparison is necessary in relation to the investigation of an offence against military law to ascertain whether the person has contaminated that crime scene sample, and
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(ii) that comparison is in accordance with a direction given by the Director of FSI under subsection (5).
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(5) The Director of FSI, following consultation with the provost marshal, may, for the purposes of subsection (4)(b), give a general direction in writing regarding the circumstances in which it is necessary for DNA profiles entered in the elimination (Military Police) index to be compared with DNA profiles entered in the crime scene (Military Police) index.
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(6) A DNA profile in respect of a person that is entered in—
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(a) the elimination (Garda Síochána) index,
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(b) the elimination (crime scene investigators) index, or
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(c) the elimination (prescribed persons) index,
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under the Act of 2014 may be compared with a DNA profile that is generated from a crime scene sample found at, or recovered from, a particular crime scene and entered in the crime scene (Military Police) index where—
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(i) such comparison is necessary in relation to the investigation of an offence against military law to ascertain whether the person concerned has contaminated that crime scene sample, and
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(ii) that comparison is in accordance with a direction given by the Director of FSI under subsection (7).
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(7) The Director of FSI, following consultation with the provost marshal, may, for the purposes of paragraph (ii) of subsection (6), give a general direction in writing regarding the circumstances in which it is necessary for DNA profiles entered in the elimination (Garda Síochána) index, the elimination (crime scene investigators) index or the elimination (prescribed persons) index under the Act of 2014 to be compared with DNA profiles entered in the crime scene (Military Police) index.
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(8) In this section, “crime scene index”, “reference index”, “elimination (Garda Síochána) index”, “elimination (crime scene investigators) index” and “elimination (prescribed persons) index” have the meanings they have in the Act of 2014.
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