Criminal Justice (Location of Victims' Remains) Act, 1999

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Prohibition on use of evidence, etc.

5.—(1) Subject to subsection (2), any evidence obtained, directly or indirectly, whether inside or outside the State, resulting from the process, or resulting from an examination or test carried out for the purpose of subsection (4) or (5), shall not be admissible in any criminal proceedings.

(2) Subsection (1) does not apply to the admission of evidence adduced in criminal proceedings on behalf of the accused.

(3) Subject to subsections (4) and (5), any human remains or other item found, whether inside or outside the State, resulting from the process shall not be subjected to forensic examination or testing.

(4) Subsection (3) does not prohibit forensic examination or testing the purpose of which is to discover information in relation to an item where the information is sought for the purpose of establishing, for the purposes of an inquest, the identity of a deceased person, or how, when and where he or she died.

(5) Subsection (3) does not prohibit a test or procedure the purpose of which is to determine whether an item can safely be moved or otherwise dealt with.