Defence Forces (Evidence) Act 2022
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DNA profiles not to be removed from DNA (Military Police) Database System in certain circumstances | ||
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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. |