Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Number 11 of 2014 | ||
CRIMINAL JUSTICE (FORENSIC EVIDENCE AND DNA DATABASE SYSTEM) ACT 2014 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
3. Supplementary provisions relating to samples and DNA profiles | ||
Taking of Samples from Persons in Custody of Garda Síochána | ||
9. Power to take samples from persons in custody of Garda Síochána | ||
11. Taking of samples from persons in custody of Garda Síochána for purposes of DNA Database System | ||
12. Taking of intimate samples from persons in custody of Garda Síochána | ||
13. Taking of non-intimate samples from persons in custody of Garda Síochána | ||
14. Giving of information under Part 2 to protected persons or children | ||
16. Application for court order authorising taking of intimate sample from protected person | ||
17. Application for court order authorising taking of intimate sample from child | ||
19. Inferences from refusal to consent, or withdrawal of consent, to taking of intimate sample | ||
20. When sample taken for purposes of DNA Database System may also be used for evidential purposes | ||
23. Persons other than parent or guardian to support protected person | ||
24. Use of reasonable force to take sample under section 11 or non-intimate sample | ||
25. Re-taking of certain samples under Part 2 in certain circumstances | ||
Taking of Samples from Volunteers to Generate DNA Profiles | ||
27. Taking of samples from volunteers to generate DNA profiles | ||
28. Entry of DNA profiles of volunteers in reference index of DNA Database System | ||
Taking of Samples from Other Persons or Bodies for Reference Index of DNA Database System | ||
35. Taking of samples from deceased persons suspected of commission of relevant offence | ||
36. Use of reasonable force to take sample from offender or child offender | ||
37. Giving of information under Part 4 to protected persons or children | ||
38. Re-taking of samples under section 31 or 32 in certain circumstances | ||
Taking of Samples for Elimination Purposes | ||
41. Taking of samples from Garda Síochána personnel for elimination (Garda Síochána) index | ||
43. Taking of samples from members of staff of FSI for elimination (crime scene investigators) index | ||
44. Taking of samples from other persons for elimination purposes | ||
45. Direction from Commissioner for sample to be taken for elimination purposes | ||
46. Direction from Director of FSI for sample to be taken for elimination purposes | ||
Taking of Samples from Persons or Bodies for Purposes of Identification Division of DNA Database System | ||
50. Taking of samples from bodies of unknown deceased persons | ||
Taking of Certain Samples under Parts 3 and 6 from Protected Persons or Children | ||
53. Giving of information under Parts 3 and 6 to protected persons or children | ||
54. Consent to taking of certain samples under Parts 3 and 6 from protected persons or children | ||
57. Taking of certain samples under Parts 3 and 6 from protected persons or children | ||
DNA Database System | ||
Structure and purposes of DNA Database System | ||
Investigation Division of DNA Database System | ||
Identification Division of DNA Database System | ||
Functions of Director of Forensic Science Ireland in relation to DNA Database System | ||
67. Functions of Director of FSI in relation to DNA Database System | ||
70. Annual report of Director of FSI in relation to DNA Database System | ||
DNA Database System Oversight Committee | ||
Destruction of Samples and Destruction, or Removal from DNA Database System, of DNA Profiles | ||
Application of this Part to persons from whom samples were taken under Parts 2 and 4 | ||
76. Destruction of intimate samples and non-intimate samples in certain circumstances | ||
78. Destruction of intimate samples and non-intimate samples in exceptional circumstances | ||
79. Destruction of certain samples taken for purposes of DNA Database System | ||
85. DNA profiles not to be removed from DNA Database System in certain circumstances | ||
Application of this Part to persons from whom samples were taken under Part 3 | ||
Application of this Part to persons from whom samples were taken under Part 5 | ||
91. Destruction of sample taken from person under section 45 or 46 and his or her DNA profile | ||
Application of this Part to persons from whom, or in relation to whom, samples were taken under Part 6 | ||
Miscellaneous matters relating to destruction of samples and destruction, or removal from DNA Database System, of DNA profiles | ||
94. Dismissal of charges, quashing of convictions and determination of proceedings | ||
95. Review of operation of this Part insofar as it relates to DNA Database System | ||
Provisions Relating to Fingerprints, Palm Prints and Photographs | ||
103. Destruction of fingerprints, palm prints and photographs | ||
International Cooperation | ||
Interpretation and other matters | ||
Automated searching for and automated comparison of DNA profiles | ||
113. Automated searching of certain DNA data in DNA Database System | ||
115. Automated searching for certain DNA profiles in DNA analysis files of designated state | ||
Automated searching for dactyloscopic data | ||
117. National contact point in relation to dactyloscopic data | ||
121. Delegation of certain functions of Head of Technical Bureau of Garda Síochána | ||
Data protection | ||
125. Correction of inaccurate data, destruction of incorrectly supplied data and storage of data | ||
Amendments of Criminal Justice (Mutual Assistance) Act 2008 | ||
Chapter 6 | ||
Amendments of International Criminal Court Act 2006 | ||
Police cooperation | ||
144. Receipt of DNA profiles from law enforcement agency in place other than designated state | ||
145. Receipt of crime scene evidence from law enforcement agency | ||
Recognition of accredited forensic service providers carrying out laboratory activities | ||
Miscellaneous | ||
149. Sample may be taken from person even if bodily sample taken previously | ||
151. Authorised members of staff of children detention schools | ||
154. Delegation of functions of Director of FSI under this Act | ||
167. Exercise of certain power by judge of District Court outside district court district | ||
168. Procedures that may be used for transmission of certain samples for forensic testing | ||
169. Provisions relating to evidence in proceedings regarding certain samples | ||
172. Change of name of Forensic Science Laboratory of Department of Justice and Equality | ||
DNA Database System Oversight Committee | ||
Text of Council Decision 2008/615/JHA of 23 June 2008 | ||
Text of Agreement Between the European Union and Iceland and Norway on the Application of Council Decision 2008/615/JHA of 23 June 2008 and Council Decision 2008/616/JHA of 23 June 2008 | ||
Text of Council Framework Decision 2009/905/JHA of 30 November 2009 | ||
Acts Referred to | ||
Adoption Act 2010 (No. 21) | ||
Children Act 2001 (No. 24) | ||
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) | ||
Coroners Act 1962 (No. 9) | ||
Criminal Justice Act 1960 (No. 27) | ||
Criminal Justice Act 1984 (No. 22) | ||
Criminal Justice Act 1999 (No. 10) | ||
Criminal Justice Act 2006 (No. 26) | ||
Criminal Justice Act 2007 (No. 29) | ||
Criminal Law Act 1976 (No. 32) | ||
Criminal Procedure Act 1967 (No. 12) | ||
Criminal Procedure Act 1993 (No. 40) | ||
Criminal Procedure Act 2010 (No. 27) | ||
Data Protection Act 1988 (No. 25) | ||
Dentists Act 1985 (No. 9) | ||
Europol Act 2012 (No. 53) | ||
Garda Síochána Act 2005 (No. 20) | ||
Guardianship of Infants Act 1964 (No. 7) | ||
Industrial Development Act 1993 (No. 19) | ||
Medical Practitioners Act 2007 (No. 25) | ||
Misuse of Drugs Act 1984 (No. 18) | ||
Nurses and Midwives Act 2011 (No. 41) | ||
Offences Against the State Act 1939 (No. 13) | ||
Official Secrets Act 1963 (No. 1) | ||
Prisons Act 1970 (No. 11) | ||
Prisons Act 1972 (No. 7) | ||
Probation of Offenders Act 1907 (7 Edw. 7, c. 17) | ||
Sex Offenders Act 2001 (No. 18) | ||
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Number 11 of 2014 | ||
CRIMINAL JUSTICE (FORENSIC EVIDENCE AND DNA DATABASE SYSTEM) ACT 2014 | ||
An Act to amend the law to authorise the taking of bodily samples from persons suspected of certain criminal offences for forensic testing; to provide for the taking of certain bodily samples from persons who volunteer to have such samples taken from them for the purpose of the investigation of offences or incidents that may have involved the commission of offences; to provide for the establishment and operation by Forensic Science Ireland of the Department of Justice and Equality of a DNA Database System; to provide for the taking of certain bodily samples from persons suspected or convicted of certain criminal offences for the purpose of generating DNA profiles in respect of those persons to be entered in the investigation division of the DNA Database System; to provide for the taking of certain bodily samples from certain persons for elimination purposes and, where appropriate, the entry of their DNA profiles in the DNA Database System; to provide for the taking of bodily samples from persons, or samples from things, for the purpose of generating DNA profiles in respect of those persons or missing persons to be entered in the identification division of the DNA Database System; to provide for the purposes of that System; to provide, in certain circumstances, for the destruction of samples taken under this Act and the destruction, or removal from the DNA Database System, of any DNA profiles generated from those samples; to repeal the Criminal Justice (Forensic Evidence) Act 1990 ; to give effect to Council Decision 2008/615/JHA of 23 June 20081 and Council Decision 2008/616/JHA of 23 June 20082 , the Agreement between the European Union and Iceland and Norway on the application of those two Council Decisions3 and an agreement between the State and another state insofar as those Council Decisions or agreements concern cooperation in relation to automated searching for or automated comparison of DNA data or automated searching for dactyloscopic data, as the case may be, and the exchange of such data and the reference data relating to them, by or between authorities which are responsible for the prevention, detection and investigation of criminal offences in the State and those other states or that other state, as the case may be; for that purpose to make provision for data protection and, in that regard, to amend the Data Protection Act 1988 ; to amend the Criminal Justice (Mutual Assistance) Act 2008 ; to amend the International Criminal Court Act 2006 ; to give effect to Council Framework Decision 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities; to amend the criminal law relating to the taking of fingerprints and palm prints from certain persons; to amend the Criminal Justice Act 1984 and other enactments to provide for the destruction of fingerprints, palm prints and photographs taken from or of certain persons in certain circumstances; and to provide for related matters. [22 nd June, 2014] | ||
Be it enacted by the Oireachtas as follows: | ||
1O.J. No. L210, 6.8.2008, p.1. |