Defence Forces (Evidence) Act 2022

Amendment of section 114 of Act of 2014 (automated comparison of unidentified DNA profiles supplied by designated state with certain DNA profiles in DNA Database System)

88. Section 114 of the Act of 2014 is amended—

(a) in subsection (1), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System”,

(b) by the substitution of the following subsection for subsection (2):

“(2) If a request under subsection (1) is acceded to, the national contact point shall allow the national contact point of the designated state concerned access to—

(a) the reference data in the DNA Database System in respect of the DNA profiles entered in that System in—

(i) the crime scene index, and

(ii) the reference index, other than DNA profiles entered in that index under section 28,

and

(b) the reference data in the DNA (Military Police) Database System in respect of the DNA profiles entered in that System in—

(i) the crime scene (Military Police) index, and

(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,

for the purposes of conducting an automated comparison of unidentified DNA profiles supplied in an automated way by the national contact point of that designated state with the DNA profiles referred to in paragraphs (a) and (b) to ascertain whether there is a match between any of them.”,

(c) in subsection (3), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System” in each place where it occurs, and

(d) by the substitution of the following subsection for subsection (4):

“(4) If, following a comparison of DNA profiles pursuant to subsection (2), a match of DNA profiles is found, a note to that effect may be entered in the appropriate system in relation to the DNA profile for which a match is found in the DNA Database System or the DNA (Military Police) Database System, as the case may be.”.