Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Transitional provisions | ||
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7. (1) Subject to this section, nothing in this Act shall affect the operation after the commencement of this section of— | ||
(a) the Act of 1990 in relation to bodily samples that were taken from persons under that Act, or | ||
(b) any other arrangement under which bodily samples were taken from persons by, or on behalf of, the Garda Síochána, | ||
before such commencement. | ||
(2) Subject to subsections (3) and (4) and notwithstanding the repeal by section 6 of the Act of 1990, that Act shall continue to apply to bodily samples that were taken under it before its repeal as if it had not been so repealed. | ||
(3) A DNA profile of a person generated from a bodily sample taken from the person before the commencement of this section under the Act of 1990 may, subject to subsection (4), be entered in the reference index of the DNA Database System, irrespective of whether the DNA profile of the person is generated from that sample before or after such commencement. | ||
(4) The DNA profile of a person generated from a bodily sample taken from the person under the Act of 1990 shall, if that sample is required to be destroyed under section 4 of that Act— | ||
(a) not be entered in the reference index of the DNA Database System, or | ||
(b) if so entered, be removed from that System not later than the expiration of a period of 3 months from the date of that requirement. | ||
(5) If— | ||
(a) a bodily sample (other than one taken under the Act of 1990) that was taken from a person under any arrangement under which bodily samples were, before the commencement of this section, taken by, or on behalf of, the Garda Síochána from persons who were detained under any of the provisions referred to in section 9 (1), or | ||
(b) the DNA profile of the person (if any) generated from the sample, | ||
is required for any purpose other than the purpose for which that sample was taken from the person, the Commissioner shall, before using that sample or DNA profile for that other purpose— | ||
(i) inform the person by notice in writing of that other purpose, and | ||
(ii) obtain the consent in writing of the person to the use of that sample or DNA profile, as the case may be, for that purpose. |