Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

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Supplementary provisions relating to samples and DNA profiles

3. (1) In this Act references to the giving of information regarding the effect of the entry of a DNA profile in respect of a person in any index of the DNA Database System shall include references to the giving of information regarding the following:

(a) that the DNA profile may be compared with other DNA profiles in that System under section 68 ;

(b) the effect of the DNA profile matching another DNA profile in that System;

(c) in the case of a DNA profile entered, or to be entered, in the reference index of that System, other than a DNA profile entered, or to be entered, in that index of that System under section 28 , that the DNA profile may be subject to an automated search or an automated comparison with DNA profiles under Chapter 2 of Part 12 and the effect of the DNA profile matching another DNA profile following such an automated search or automated comparison;

(d) in the case of a DNA profile entered in the missing and unknown persons index of that System, that the DNA profile may be transmitted under section 142 to a law enforcement agency within the meaning of Chapter 7 of Part 12.

(2) In this Act references to a person giving his or her consent in writing to the taking of a sample under this Act (whether from the person himself or herself or another person) shall include references to—

(a) the person signing a document, or

(b) in case the person is unable to write, the person making his or her mark on a document,

to indicate his or her consent.

(3) Where a sample of hair other than pubic hair is taken from a person under this Act—

(a) the sample may be taken by plucking hairs with their roots and, in so far as it is reasonably practicable, the hairs shall be plucked singly, and

(b) no more hairs shall be plucked than the person taking the sample reasonably considers necessary to constitute a sufficient sample for the purpose of forensic testing.

(4) For the purposes of sections 12 and 13 , a sample taken from a person includes a sample taken from the person that consists of matter from the body of another person.

(5) References in this Act to a sample proving to be insufficient (within the meaning of section 2 (1)) shall include references to where, as a consequence of—

(a) the loss, destruction or contamination of the whole or any part of the sample,

(b) any damage to the whole or a part of the sample, or

(c) the use of the whole or a part of the sample for analysis which produced no results or which produced results some or all of which have to be regarded, in the circumstances, as unreliable,

the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.

(6) Where an authorisation to take a sample from a person under this Act is given, nothing in this Act shall require such an authorisation to be given again to re-take such a sample from the person if the first or previous such sample taken from the person proves to be insufficient or, where appropriate, is inadequately labelled and the insufficiency or, as may be appropriate, the inadequate labelling of that sample is apparent within a period of 1 hour of the taking of that sample.

(7) Subject to subsections (9) and (11), a person who is required under Part 10to destroy, or cause to be destroyed, a sample taken under this Act shall ensure that the sample, and every record relating to the sample insofar as it identifies the person from whom the sample has been taken, are destroyed.

(8) Subject to subsection (11), a person who is required under Part 10 to destroy, or cause to be destroyed, a DNA profile generated from a sample taken under this Act shall ensure that the DNA profile, and every record relating to the DNA profile insofar as it identifies the person to whom the DNA profile relates, are destroyed.

(9) Nothing in subsection (7) shall require—

(a) the removal from the DNA Database System of a DNA profile that may be retained in that System in accordance with this Act, or

(b) the destruction of a record that is required to identify the person to whom a DNA profile referred to in paragraph (a) relates.

(10) Subject to subsection (11), the Director of FSI who is required under Part 10 to remove, or cause to be removed, a DNA profile from the DNA Database System shall ensure that that System is altered so that it is no longer possible to identify the person to whom the DNA profile relates.

(11) Subsections (7), (8)and (10) shall operate in a manner that permits—

(a) the Commissioner, the Director of FSI or other person referred to in section 97 to retain such records as may be required by him or her to show that that section has been complied with, and

(b) the Commissioner or the Director of FSI to retain such records as may be required by him or her to show that section 98 has been complied with.

(12) In subsections (7), (8), (9) and (11) “record”, in relation to a sample or a DNA profile, includes a copy of a record.