Defence Forces (Evidence) Act 2022
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Number 16 of 2022 | ||
DEFENCE FORCES (EVIDENCE) ACT 2022 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
4. Supplementary provisions relating to samples and DNA profiles | ||
Taking of samples from persons in custody of Military Police | ||
8. Power to take samples from person who is subject to military law | ||
10. Taking of intimate samples from persons in custody of Military Police | ||
11. Taking of non-intimate samples from persons in custody of Military Police | ||
13. Inferences from refusal to consent, or withdrawal of consent, to taking of intimate sample | ||
15. Use of reasonable force to take sample under section 9 or non-intimate sample | ||
16. Re-taking of certain samples under Part 2 in certain circumstances | ||
PART 3 | ||
Taking of samples for elimination purposes | ||
19. Taking of samples from Military Police personnel for elimination (Military Police) index | ||
20. Direction from provost marshal for sample to be taken for elimination purposes | ||
Taking of samples from volunteers | ||
22. Taking of samples from volunteers to generate DNA profiles | ||
DNA (Military Police) Database System | ||
Structure and purposes of DNA (Military Police) Database System | ||
Functions of Director of FSI in relation to DNA (Military Police) Database System | ||
30. Functions of Director of FSI in relation to DNA (Military Police) Database System | ||
31. Annual report of Director of FSI in relation to DNA (Military Police) Database System | ||
Permitted searching | ||
Other powers of members of Military Police in relation to person placed in service custody | ||
Obtaining and destruction of evidence | ||
34. Other powers of members of Military Police in relation to person placed in service custody | ||
36. Destruction of item of forensic evidence or photograph taken under section 34 | ||
38. Destruction of items of forensic evidence taken under section 34 in exceptional circumstances | ||
39. Retrial, quashing of convictions and determination of proceedings | ||
Fingerprints or palm prints obtained under section 34 | ||
42. Analysis of fingerprints or palm prints taken under section 34 | ||
43. Provision of prints for purposes of Chapter 3 of Part 12 of Act of 2014 | ||
Destruction of items taken under section 34 not previously destroyed | ||
44. Destruction of items of forensic evidence taken under section 34 not previously destroyed | ||
45. Application to retain forensic evidence beyond period specified in section 44 | ||
Destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles | ||
Interpretation | ||
Application of this Part to persons from whom samples were taken under Part 2 | ||
47. Destruction of intimate samples and non-intimate samples in certain circumstances | ||
49. Destruction of intimate samples and non-intimate samples in exceptional circumstances | ||
50. Destruction of certain samples taken for purposes of DNA (Military Police) Database System | ||
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 4 | ||
Miscellaneous matters relating to destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles | ||
Offences and penalties | ||
Review of operation of Parts 6 and 7 by Minister | ||
Miscellaneous | ||
68. Sample may be taken from person even if sample taken previously | ||
69. Delegation of functions of provost marshal under this Act | ||
72. Further provision regarding the taking of samples under this Act | ||
78. Procedures that may be used for transmission of certain samples for forensic testing | ||
79. Provisions relating to evidence in court-martial proceedings regarding certain samples | ||
Amendment of Act of 2014 | ||
83. Amendment of section 68 of Act of 2014 (permitted searching) | ||
84. Amendment of section 72 of Act of 2014 (functions of committee) | ||
85. Amendment of section 73 of Act of 2014 (cooperation with committee) | ||
86. Amendment of section 109 of Act of 2014 (interpretation (Part 12)) | ||
91. Amendment of section 118 of Act of 2014 (dactyloscopic data to which this Chapter applies) | ||
92. Amendment of section 124 of Act of 2014 (purposes for which data may be processed) | ||
Miscellaneous amendments | ||
93. Amendment of section 187A of Act of 1954 (summary court-martial) | ||
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Acts Referred to | ||
Coroners Act 1962 (No. 9) | ||
Courts-Martial Appeals Act 1983 (No. 19) | ||
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) | ||
Criminal Procedure Act 1993 (No. 40) | ||
Data Protection Acts 1988 to 2018 | ||
Defence Act 1954 (No. 18) | ||
Dentists Act 1985 (No. 9) | ||
Explosive Substances Act 1883 (46 & 47 Vic., c. 3) | ||
Explosives Act 1875 (38 & 39 Vic., c.17) | ||
Firearms Acts 1925 to 2009 | ||
Medical Practitioners Act 2007 (No. 25) | ||
Misuse of Drugs Act 1977 (No. 12) | ||
Nurses and Midwives Act 2011 (No. 41) | ||
Official Secrets Act 1963 (No. 1) | ||
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Number 16 of 2022 | ||
DEFENCE FORCES (EVIDENCE) ACT 2022 | ||
An Act to amend the law to authorise the taking of bodily samples from military persons suspected of certain offences under military law for forensic testing; to provide for the taking of certain bodily samples from military persons or other 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 under military law; to provide for the establishment and operation by Forensic Science Ireland of the Department of Justice and Equality of a DNA (Military Police) Database System; to provide for the purposes of that System; to provide for the taking of certain bodily samples from persons suspected of certain offences under military law for the purpose of generating DNA profiles in respect of those persons to be entered in the DNA (Military Police) 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 (Military Police) Database System; to provide for the taking of bodily samples from military persons, or samples from things, for the purpose of generating DNA profiles to be entered in the DNA (Military Police) Database System; to provide for the collection and analysis of other evidence; to provide, in certain circumstances, for the destruction of evidence and samples taken under this Act and the destruction, or removal from the DNA (Military Police) Database System, of any DNA profiles generated from those samples; to amend the Defence Act 1954 , the Courts-Martial Appeals Act 1983 and the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ; and to provide for related matters. | ||
[6th July, 2022] | ||
Be it enacted by the Oireachtas as follows: |
