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

Protected persons for purposes of Part 2

10. (1) Subject to subsection (2), the member in charge of the Garda Síochána station in which a person is detained under any of the provisions referred to in section 9 (1) shall, as soon as practicable after the detention of the person begins, determine whether or not he or she is a protected person for the purposes of this Part.

(2) Where—

(a) an authorisation to take an intimate sample under section 12 from a person is given, and

(b) the member in charge of the Garda Síochána station in which the person is detained is of opinion that the person may be a protected person,

he or she shall arrange to have the condition of the person assessed by a registered medical practitioner for the purpose of certifying whether or not the person is a protected person.

(3) A certificate provided by a registered medical practitioner under subsection (2) shall specify the reasons for the registered medical practitioner concluding that the person concerned is or is not a protected person.