Institutional Burials Act 2022
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Taking of sample from relevant person and generating DNA profile | ||
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60. (1) A sample given by a relevant person under this section may only be forensically tested, and the DNA profile of the person generated from that testing included in the family members’ index, for the purpose of a DNA profile comparison under this Act. | ||
(2) An authorised person shall, before taking a sample from a relevant person under this section, inform him or her— | ||
(a) that the sample is to be taken under this section and only with his or her consent, and | ||
(b) where a sample has already been taken from the person under this section and a second or further sample is required, the reason, in accordance with section 62 , that a second or further sample is sought and that such sample can only be taken from him or her with his or her consent. | ||
(3) A sample shall be taken by an authorised person in the form of a non-intimate sample. | ||
(4) A sample may be taken from a relevant person by an authorised person at the office of the Director, at any other place nominated by the Director or, with the agreement of the authorised person, at a place designated by the relevant person concerned. | ||
(5) The Director shall make the necessary arrangements for samples taken under this section to be delivered to FSI. | ||
(6) FSI shall forensically test samples delivered to it under subsection (5) and, in respect of each sample taken from a relevant person, enter the DNA profile generated from that testing in the family members’ index. | ||
(7) Where a relevant person does not consent to the taking of a sample or of a second or further sample under this section, the person shall be informed that, in accordance with section 74 (2), he or she is taken to have withdrawn his or her consent to participate in the Identification Programme. |