Criminal Justice (Miscellaneous Provisions) Act, 1997

Amendment of section 28 of Criminal Justice Act, 1984 .

12.—The Criminal Justice Act, 1984 , is hereby amended by the substitution of the following section for section 28:

“Taking of fingerprints, palmprints or photographs of person dealt with under Probation of Offenders Act, 1907 , or convicted.

28. (1) Where a person, on being prosecuted for an indictable offence, is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907 , or is convicted and otherwise dealt with, a member of the Garda Síochána may—

(a) at any convenient place, take the fingerprints, palmprints or photograph of that person, within 7 days of the making of such order or his being convicted, or

(b) require, in writing, that person to attend, within 7 days of the making of such order or his being convicted, at a named Garda Síochána station for the purpose of having his fingerprints, palmprints or photograph taken:

Provided that where a person has made it impracticable for his fingerprints, palmprints or photograph to be taken within the said period of 7 days, a member of the Garda Síochána may require (or in the case of a person attending a Garda Síochána station pursuant to a requirement under this section, further require) in writing, that person to attend at a named Garda Síochána station on a specified day for the purpose of having his fingerprints, palmprints or photograph taken.

(2) A member of the Garda Síochána may take the fingerprints, palmprints or photograph of a person on his attendance at a Garda Síochána station pursuant to a requirement under this section.

(3) The provisions of section 8 shall apply to fingerprints, palmprints or photographs taken pursuant to this section of a person who is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907 , as they apply to fingerprints, palmprints or photographs taken in pursuance of the powers conferred by section 6.

(4) Any person who refuses to comply with a requirement under this section or to allow his fingerprints, palmprints or photograph to be taken pursuant to this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.”.