Criminal Justice (Forensic Evidence) Act, 1990

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Power to take bodily samples.

2.—(1) Subject to the provisions of subsections (4) to (8) of this section, where a person is in custody under the provisions of section 30 of the Offences against the State Act, 1939 , or section 4 of the Criminal Justice Act, 1984 , a member of the Garda Síochána may take, or cause to be taken, from that person for the purpose of forensic testing all or any of the following samples, namely—

(a) a sample of—

(i) blood,

(ii) pubic hair,

(iii) urine,

(iv) saliva,

(v) hair other than pubic hair,

(vi) a nail,

(vii) any material found under a nail,

(b) a swab from any part of the body other than a body orifice or a genital region,

(c) a swab from a body orifice or a genital region,

(d) a dental impression,

(e) a footprint or similar impression of any part of the person's body other than a part of his hand or mouth.

(2) Subject to the provisions of subsections (3) to (8) of this section, where a person is in prison, a member of the Garda Síochána may take, or cause to be taken, from that person for the purpose of forensic testing all or any of the samples specified in subsection (1) of this section.

(3) The power conferred by subsection (2) of this section shall only be exercisable—

(a) where the sample to be taken is required in connection with an offence other than the offence in respect of which the person is in prison or an offence of which he could be convicted on an indictment alleging that offence, and

(b) where the sample to be taken is required in connection with an investigation in respect of the commission of an offence under the Offences against the State Act, 1939 , or an offence which is for the time being a scheduled offence for the purposes of Part V of that Act or an offence to which section 4 of the Criminal Justice Act, 1984 , applies.

(4) A sample may be taken under this section only if—

(a) a member of the Garda Síochána not below the rank of superintendent authorises it to be taken, and

(b) in the case of a sample mentioned in subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (1) of this section, or in paragraph (c) or (d) of the said subsection (1), the appropriate consent has been given in writing.

(5) An authorisation to take a sample under this section shall not be given unless the member of the Garda Síochána giving it has reasonable grounds—

(a) for suspecting the involvement of the person from whom the sample is to be taken—

(i) in a case where the person is in custody, in the offence in respect of which he is in custody, or

(ii) in a case where the person is in prison, in the commission of an offence under the Offences against the State Act, 1939 , or an offence which is for the time being a scheduled offence for the purposes of Part V of that Act or an offence to which section 4 of the Criminal Justice Act, 1984 , applies,

and

(b) for believing that the sample will tend to confirm or disprove the involvement of the person from whom the sample is to be taken in the said offence.

(6) Before a member of the Garda Síochána takes, or causes to be taken, a sample under subsection (1) of this section, or seeks the consent of the person from whom the sample is required to the taking of such a sample, the member shall inform the person—

(a) of the nature of the offence in which it is suspected that that person has been involved,

(b) that an authorisation has been given under subsection (4) (a) of this section and of the grounds on which it has been given, and

(c) that the results of any tests on the sample may be given in evidence in any proceedings.

(7) An authorisation under subsection (4) (a) of this section may be given orally but, if it is given orally, it shall be confirmed in writing as soon as is practicable.

(8) A sample of a kind specified in subparagraph (i) or (ii) of paragraph (a) of subsection (1) of this section or in paragraph (c) of the said subsection (1) may be taken only by a registered medical practitioner and a dental impression may be taken only by a registered dentist or a registered medical practitioner.

(9) A person who obstructs or attempts to obstruct any member of the Garda Síochána or any other person acting under the powers conferred by subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(10) In this Act “appropriate consent” means—

(a) in the case of a person who has attained the age of 17 years, the consent of that person,

(b) in the case of a person who has not attained the age of 17 years but has attained the age of 14 years, the consent of that person and of a parent or guardian of that person, and

(c) in the case of a person who has not attained the age of 14 years, the consent of a parent or guardian of that person.

(11) The powers conferred by this section are without prejudice to any other powers exercisable by a member of the Garda Síochána.