Defence Forces (Evidence) Act 2022
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Chapter 2 Fingerprints or palm prints obtained under section 34 | ||
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Analysis of fingerprints or palm prints taken under section 34 | ||
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42. (1) Subject to subsection (2), the provost marshal may, in respect of a fingerprint or palm print taken under section 34 (1)(d), request the Garda Síochána to carry out such analysis or testing of the fingerprint or palm print, as the case may be, as he or she considers necessary for the purposes of the investigation of an offence against military law, and the Garda Síochána shall, subject to subsection (3), where so requested, carry out such analysis or testing. | ||
(2) The provost marshal shall not make a request under subsection (1) unless the carrying out of the requested analysis or testing of the fingerprint or palm print concerned is necessary for the purposes of the investigation of an offence against military law. | ||
(3) The Garda Síochána may, for the purposes of the analysis or testing of a fingerprint or palm print requested under subsection (1), request the Director of FSI to carry out analysis or testing of the fingerprint or palm print concerned and the Director shall, where so requested, carry out such analysis or testing. | ||
(4) The Garda Síochána may, for the purposes of the analysis or testing of a fingerprint or palm print requested under subsection (1), compare the fingerprint or palm print concerned with other fingerprints or palm prints, as the case may be, held by the Garda Síochána. | ||
(5) The Garda Síochána shall send the results of any analysis, testing or comparison carried out under subsection (1), (3) or (4) (including the reference data, if any, generated as a consequence of such analysis, testing or comparison) to the provost marshal. | ||
(6) Analysis, testing or comparison may only be carried out, and the results of such analysis, testing or comparison may only be sent, under this section, where it is necessary for the purposes of the investigation of an offence against military law. | ||
(7) In this section, “reference data” has the same meaning as it has in Part 12 of the Act of 2014 in relation to dactyloscopic data (within the meaning of that Part of that Act). |