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

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Taking of samples from protected persons under Part 2

21. (1) An intimate sample shall not be taken from a protected person under Part 2 except where—

(a) a parent or guardian of the person or, if appropriate, an adult relative or other adult reasonably named by the person who, pursuant to section 58 of the Act of 2001, section 23 (2) or otherwise, attends at the Garda Síochána station in which the person is detained, or

(b) in the absence, or the exclusion under subsection (4) or the removal under subsection (5), of a person referred to in paragraph (a), another adult (not being a member of the Garda Síochána) nominated by the member in charge of the Garda Síochána station,

is present while the sample is being taken, unless the protected person indicates that he or she does not wish to have the person present.

(2) The member in charge of the Garda Síochána station concerned shall, in so far as practicable, nominate a person under subsection (1)(b) who—

(a) is of the same sex as the person from whom the sample is to be, or is being, taken, and

(b) by reason of his or her training or experience with persons who have physical or mental disabilities or both, is suitable for that purpose.

(3) Subject to subsections (4) and (5), a non-intimate sample shall, if it is reasonably practicable to do so, be taken from a protected person in the presence of a parent or guardian of the person or, if appropriate, an adult relative or other adult reasonably named by the person who, pursuant to section 58 of the Act of 2001, section 23 (2) or otherwise, attends at the Garda Síochána station in which the person is detained, unless the protected person indicates that he or she does not wish to have the person present.

(4) The member in charge of the Garda Síochána station may authorise the exclusion of a parent or guardian of a protected person, or other adult referred to in subsection (1)(a) or (3), as the case may be, who attends at the Garda Síochána station in which the protected person is detained, from the place where the sample concerned is to be, or is being, taken if—

(a) the parent or guardian of the protected person, or the other adult who attends at the station, is the victim of the offence in relation to which the protected person is detained,

(b) the parent or guardian of the protected person, or the other adult who attends at the station, has been arrested in respect of that offence,

(c) the member in charge has reasonable grounds for suspecting the parent or guardian of the protected person, or the other adult who attends at the station, of complicity in that offence, or

(d) the member in charge has reasonable grounds for believing that the parent or guardian of the protected person, or the other adult who attends at the station, is likely to obstruct the course of justice.

(5) The member in charge of the Garda Síochána station may authorise the removal of a parent or guardian of a protected person, or other adult referred to in subsection (1)(a) or (3), as the case may be, who attends at the Garda Síochána station in which the protected person is detained, from the place where the sample concerned is to be, or is being, taken if he or she attempts without reasonable cause to obstruct the taking of the sample.

(6) Before a member of the Garda Síochána takes, or causes to be taken, an intimate sample or a non-intimate sample from a protected person, the member shall, if it is reasonably practicable to do so, inform a parent or guardian of the person or other adult referred to in subsection (1)(a) or (3), as may be appropriate, who—

(a) attends, pursuant to section 58 of the Act of 2001, section 23 (2) or otherwise, at the Garda Síochána station in which the person is detained, and

(b) is not excluded under subsection (4) from the place where the sample is to be, or is being, taken,

of the matters referred to in section 12 (5) or 13 (5), as the case may be, in relation to the person.

(7) Subsection (6) shall not apply in relation to the taking of an intimate sample from a protected person if a parent or guardian of the person has, pursuant to section 15 (4), been informed of the matters referred to in section 12 (5) in relation to the person.