Institutional Burials Act 2022
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Taking of sample for elimination purposes and generating DNA profile | ||
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61. (1) A Director or the Director of FSI, as the case may be, may request a sample under this section only where he or she considers the taking of the sample and the generation of a DNA profile from the sample is reasonably necessary for the purpose of ascertaining whether or not contamination of a sample referred to in section 52 or taken under section 59 or 60 occurred. | ||
(2) A member of staff of a Director and a consultant, advisor or other person referred to in section 19 (1) shall, when requested to do so by a Director, provide a sample to an authorised person for the purpose of generating a DNA profile of the person to be entered into the elimination index of the DNA (Historic Remains) Database. | ||
(3) A sample may be taken under this section by an authorised person for the purpose of generating a DNA profile to be entered into the elimination index of the DNA (Historic Remains) Database from a member of staff of FSI or from a person who took a sample referred to in section 52 where the member of staff or person concerned consents in writing to having that sample taken. | ||
(4) A sample shall be taken by an authorised person in the form of a non-intimate sample. | ||
(5) An authorised person shall, before taking a sample from a person under this section— | ||
(a) inform him or her— | ||
(i) that the sample is to be taken under this section, | ||
(ii) where a sample has already been taken from the person under this section and a second or further sample is required, of the reason, in accordance with section 62 , that a second or further sample is sought, | ||
(iii) that the sample will be forensically tested and any DNA profile generated from that testing in respect of the person will be entered in the elimination index and the purpose of such an entry, | ||
(iv) that, subject to any regulations made under section 79 , a sample taken from the person will be destroyed, any DNA profile generated from the sample and any related information will be deleted in accordance with Chapter 8 , | ||
and | ||
(b) give the person such other information (if any) relating to the giving of the sample as may be prescribed under section 80 . | ||
(6) A Director shall make the necessary arrangements for samples taken under this section to be delivered to FSI. | ||
(7) FSI shall forensically test samples delivered to it under subsection (6) and, in respect of each sample taken from a person, enter the DNA profile generated from that testing in the elimination index. | ||
(8) In this section and in section 62 , “contamination”, means, in relation to a sample— | ||
(a) the inadvertent incorporation into the sample of the DNA of a person during— | ||
(i) his or her attendance at principal burial land or ancillary burial land, participation in the forensic excavation and recovery of human remains from that land or during post-recovery analysis, | ||
(ii) the taking of a sample, | ||
(iii) the transportation or storage of a sample, or | ||
(iv) the forensic testing of a sample, | ||
and | ||
(b) in the case of a sample taken from human remains, includes the incorporation into the sample of a sample of other biological material owing to the environmental conditions in which the human remains were recovered. |