S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992.

S.I. No. 130 of 1992.

CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990 REGULATIONS, 1992.

I, PÁDRAIG FLYNN, Minister for Justice, in exercise of the powers conferred on me by section 5 of the Criminal Justice (Forensic Evidence) Act, 1990 (No. 34 of 1990), hereby make the following Regulations:

1 Citation and commencement.

1. (1) These Regulations may be cited as the Criminal Justice (Forensic Evidence) Act, 1990 , Regulations, 1992.

(2) These Regulations shall come into operation on the 5th day of June, 1992.

2 Interpretation.

2. (1) In these Regulations:—

"the Act of 1990" means the Criminal Justice (Forensic Evidence) Act, 1990 (No. 34 of 1990);

"custody record" means a record kept under Regulation 6 of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 ( S.I. No. 119 of 1987 );

"member" means a member of the Garda Síochána;

"member in charge" has the same meaning as in Regulation 4 (1) of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987;

"prison record" means a record kept in a prison in respect of a person in custody in that prison;

"station" means a Garda Síochána station.

(2) In these Regulations a reference to a person signing a document shall include, in the case of a person unable to write, a reference to the person making his mark.

3 General.

3. In carrying out their functions under these Regulations members or other persons concerned shall act with due respect for the personal rights of persons in custody and their dignity as human persons, and shall have regard for the special needs of any of them who have not attained the age of 17 years or who may be under a physical or mental disability.

4 Record of authorisation for taking of sample.

4. Where an authorisation is given under section 2 (4) (a) of the Act of 1990 for the taking of a sample from a person, the member in charge shall as soon as practicable make or cause to be made an entry in the custody record or prison record, as the case may be, relating to that person of the giving of the authorisation, of the name and rank of the member who gave it and of the date and time when it was given, and the entry shall be signed by the person making it.

5 Record of information given under s. 2(6) of Act of 1990.

5. Where a member gives to a person from whom it is proposed that a sample should be taken the information which he is required by section 2 (6) of the Act of 1990 to give to that a person, the member in charge shall as soon as practicable make or cause to be made in the custody record or prison record, as the case may be, relating to that person an entry recording the giving of the information, together with the name and rank of the member who gave it and the date and time when it was given, and the entry shall be signed by the person making it.

6 Record of consent or refusal of consent to taking of sample.

6. Where a person whose consent to the taking of a sample is required by section 2 (4) (b) of the Act of 1990 gives or refuses his consent, the member in charge shall as soon as practicable make or cause to be made in the custody record or prison record, as the case may be, relating to the person from whom the sample is proposed to be taken an entry recording the giving or refusal of the consent, together with the date and time of the giving or refusal, and where consent is given the document containing it shall be attached to the custody record or prison record.

7 Record of sample taken.

7. The member in charge shall as soon as practicable enter the following particulars, or cause them to be entered in the custody record or prison record, as the case may be, of the person concerned—

(i) the name of the person from whom the sample was taken;

(ii) the offence in respect of which the sample was taken;

(iii) the nature of the sample;

(iv) the name of the person who took the sample;

(v) the date and time the sample was taken and the manner in which it was taken;

and the entry shall be signed by the person making it.

8 Taking of sample from persons under 17 years of age.

8. A sample shall not be taken from a person who has not attained the age of seventeen years, nor shall the consent of such a person to the taking of a sample be sought, except in the presence of a parent or guardian of that person.

9 Forms.

9. (1) The forms in the Appendices to these Regulations, or forms to the like effect shall be used for the purpose of providing a record of the matters stated in the forms.

(2) When each form is signed it shall as soon as practicable be attached to the custody record or prison record relating to the person concerned.

APPENDIX A. CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990 .

SECTION 2 (4) (b) AND (10) (a).

Consent by person aged 17 years or over to taking of sample from him.

1. I ............................................................ ............................................................ ..........................................

of ............................................................ ............................................................ ..................................................

being aged 17 years or over have been informed:

( a ) of the nature of the offence in which it is suspected I have been involved,

( b ) that an authorisation has been given under section 2(4)(a) of the Criminal Justice (Forensic Evidence) Act, 1990 , for the taking of a sample from me for the purpose of forensic testing of the sample, the sample being one or more of the following samples, namely—

( c ) that my consent is necessary for the taking of the sample;

( d ) that the results of any tests on the sample may be given in evidence in any proceedings against me for an offence;

( e ) that, if I refuse without good cause to consent to the taking of the sample, then in any proceedings against me for an offence evidence of the refusal may be given and may result in inferences being drawn against me and that the refusal may be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the refusal is material, but that I shall not be able to be convicted of an offence solely on an inference drawn from the refusal.

2. I hereby consent to the taking of the sample.

Signed: ............................................................ ............................................................ ..........................................

Date: ............................................................ ............................................................ ..............................

APPENDIX B. CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990 .

SECTION 2 (4) (b) AND (10) (b).

Consent by person aged 14, 15 or 16 years, and consent of his parent or guardian, to taking of sample from him.

A. 1. I ............................................................ ............................................................ .........................................

of ............................................................ ............................................................ ........................................

who was born on ............................................................ ............................................................ .............. have been informed:

( a ) of the nature of the offence in which it is suspected I have been involved,

( b ) that an authorisation has been given under section 2(4)(a) of the Criminal Justice (Forensic Evidence) Act, 1990 , for the taking of a sample from me for the purpose of forensic testing of the sample, the sample being one or more of the following samples, namely—

( c ) that my consent and the consent of my parent or guardian is necessary for the taking of the sample;

( d ) that the results of any tests may be given in evidence in any proceedings against me for an offence;

( e ) that, if I refuse without good cause to consent to the taking of the sample, then (unless my parent or guardian also refuses to consent) in any proceedings against me for an offence, evidence of my refusal may be given and may result in inferences being drawn against me and that my refusal may be treated as, or as capable of amounting to, corroboration of any evidence in relation to which my refusal is material, but that I shall not be able to be convicted of an offence solely on an inference drawn from my refusal.

2. I hereby consent to the taking of the sample.

Signed: ............................................................ ............................................................ ...............................

Date: ............................................................ ............................................................ ...................................

B. I ............................................................ ............................................................ ...........................................

of............................................................ ............................................................ ..........................................

a parent/guardian of ............................................................ ............................................................ .........

............................................................ ............................................................ ..............................................

have been informed of the matters stated in paragraph 1 above and I hereby consent to the taking of the sample from him.

Signed: ............................................................ ............................................................ ...............................

Date: ............................................................ ............................................................ ....................................

APPENDIX C. CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990 .

SECTION 2 (4) (b) AND (10) (c).

Consent of parent or guardian of person aged less than 14 years to taking of sample from him.

1. I ............................................................ ............................................................ ..........................................

of ............................................................ ............................................................ ........................................

a parent/guardian of ............................................................ ............................................................ ........

of ............................................................ ............................................................ .........................................

who was born on ............................................................ ............................................................ .............. have been informed:

( a ) of the nature of the offence in which it is suspected that he has been involved,

( b ) that an authorisation has been given under section 2(4)(a) of the Criminal Justice (Forensic Evidence) Act, 1990 , for the taking of a sample from him for the purpose of forensic testing of the sample, the sample being one or more of the following samples, namely—

( c ) that the consent of a parent or guardian of ............................................................ ..................... is necessary for the taking of the sample;

( d ) that the results of any tests on the sample may be given in evidence in any proceedings against ............................................................ .......... for an offence.

2. I hereby consent to the taking of the sample.

Signed: ............................................................ ............................................................ ...............................

Date: ............................................................ ............................................................ ...................................

APPENDIX D. CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990 .

REGULATIONS, 1992.

Form to be completed by member or other person who took the sample under section 2 of the Act of 1990.

GIVEN under my Official Seal, this 29th day of May, 1992.

PÁDRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

These regulations specify the procedures to be followed by the Garda Síochána relating to the taking of samples for forensic testing under the Criminal Justice (Forensic Evidence) Act, 1990 .