Criminal Justice (Forensic Evidence) Act, 1990
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Destruction of records and samples. |
4.—(1) Subject to subsection (5) of this section, every record identifying the person from whom a sample has been taken pursuant to section 2 of this Act shall, if not previously destroyed, be destroyed as this section directs and every sample identified by such record shall be destroyed in like manner. | |
(2) Where proceedings for any offence in respect of which a person could be detained under section 30 of the Offences against the State Act, 1939 , or section 4 of the Criminal Justice Act, 1984 , are not instituted against the person from whom the sample was taken within six months from the taking of the sample and the failure to institute the proceedings within that period is not due to the fact that he has absconded or cannot be found, the destruction of the record and the sample identified by such record shall be carried out on the expiration of that period unless an order has been made under subsection (5) of this section. | ||
(3) Where proceedings have been so instituted and the person is acquitted or discharged or the proceedings are discontinued, the destruction of the record and the sample identified by such record shall be carried out on the expiration of twenty-one days after the acquittal, discharge or discontinuance unless an order has been made under subsection (5) of this section. | ||
(4) (a) Where a person from whom a sample has been taken is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907 , the destruction of the said sample and every record identifying such sample shall be carried out on the expiration of 3 years from the making of the order; provided that he has not been convicted of an offence to which section 4 of the Criminal Justice Act, 1984 , applies during that period. | ||
(b) Paragraph (a) of this subsection shall not apply to an order under section 1 (2) of the Probation of Offenders Act, 1907 , discharged on the appeal of a person against conviction if on appeal his conviction is affirmed. | ||
(5) If a court is satisfied, on an application being made to it by or on behalf of the Director of Public Prosecutions or the person from whom the sample was taken, that there is good reason why records and samples to which this section applies should not be destroyed under this section, it may make an order authorising the retention of such records and samples for such purpose or period as it may direct. |