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

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When sample taken for purposes of DNA Database System may also be used for evidential purposes

20. (1) Where a person is detained for a period under any of the provisions referred to in section 9 (1) and—

(a) a sample is taken from the person under section 11 during the period, and

(b) a non-intimate sample is required from the person during the period,

then, subject to subsection (5), the sample that has already been taken from the person under section 11 may be regarded as a non-intimate sample taken from the person during the period under this Part only if—

(i) a member of the Garda Síochána not below the rank of inspector authorises the first-mentioned sample to be so regarded for the purposes of forensic testing and the generation of a DNA profile in respect of the person to be entered in the reference index of the DNA Database System, and

(ii) a member of the Garda Síochána has informed the person of the following:

(I)the nature of the offence in the commission of which it is suspected that the person has been involved;

(II)that an authorisation to regard that sample as a non-intimate sample has been given under paragraph (i) and the grounds on which it has been given; and

(III)that the results of the forensic testing of that sample may be given in evidence in any proceedings.

(2) An authorisation under subsection (1)(i) to regard a sample taken from a person under section 11 as a non-intimate sample 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 first-mentioned sample was taken in the commission of the offence in respect of which he or she is detained, and

(b) for believing that that sample will tend to confirm or disprove the involvement of that person in the commission of the offence concerned.

(3) The results of the forensic testing of a sample taken under section 11 that is regarded as a non-intimate sample in accordance with this section may be given in evidence in any proceedings.

(4) A sample taken from a person under section 11 that is regarded as a non-intimate sample in accordance with this section shall, for the purposes of this Act, be regarded as a non-intimate sample taken from the person under section 13 .

(5) Where, during a period of detention of a person under any of the provisions referred to in section 9 (1), a sample is taken from the person under section 11 , nothing in subsection (1) shall prevent the taking of an intimate sample or a non-intimate sample under this Part from the person during the period of detention.

(6) Where, during a period of detention of a person under any of the provisions referred to in section 9 (1), an intimate sample or a non-intimate sample is taken from the person, nothing in this Part shall prevent the taking of a sample under section 11 from the person during the period of detention.

(7) In this section references to the detention of a person for a period under any of the provisions referred to in section 9 (1) shall, if appropriate, include references to the detention of the person for consecutive periods under the provisions concerned.