Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

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Taking of non-intimate samples from persons in custody of Garda Síochána

13. (1) Subject to this Act, a member of the Garda Síochána may take, or cause to be taken, a non-intimate sample under this section from a person who is detained under any of the provisions referred to in section 9 (1) for the purposes of forensic testing and, if appropriate, the generation of a DNA profile in respect of the person to be entered in the reference index of the DNA Database System.

(2) A non-intimate sample may be taken under this section only if a member of the Garda Síochána not below the rank of inspector authorises it to be taken for the purposes specified in subsection (1).

(3) An authorisation to take a non-intimate sample under this section shall not be given unless the member of the Garda Síochána giving it has reasonable grounds—

(a) for suspecting the involvement of the person from whom the sample is to be taken in the commission of the offence in respect of which he or she is detained, and

(b) for believing that the sample will tend to confirm or disprove the involvement of that person in the commission of the offence concerned.

(4) The results of the forensic testing of a non-intimate sample may be given in evidence in any proceedings.

(5) Before a member of the Garda Síochána takes, or causes to be taken, a non-intimate sample from a person, the member shall inform the person of the following:

(a) the nature of the offence in the commission of which it is suspected that the person has been involved;

(b) that an authorisation to take the sample from him or her has been given under subsection (2) and the grounds on which it has been given;

(c) in a case in which a non-intimate sample already taken from the person has proved to be insufficient or was inadequately labelled—

(i) that that sample has proved to be insufficient or was inadequately labelled, as may be appropriate, and

(ii) that either—

(I) another authorisation under subsection (2) is not, by virtue of section 3 (6), required, or

(II) an authorisation to take a second non-intimate sample from him or her has, in accordance with section 25 (1), been given under subsection (2) and the grounds on which it has been given;

(d) if appropriate, that if the person fails or refuses to allow the sample to be taken from him or her, reasonable force may be used in accordance with section 24 to take the sample;

(e) that the results of the forensic testing of the sample may be given in evidence in any proceedings;

(f) if appropriate, that the sample will be used to generate a DNA profile in respect of the person to be entered in the reference index of the DNA Database System and the effect of such an entry;

(g) that the sample, or the DNA profile generated from the sample in respect of the person, may be transmitted or provided to a person or bodyin connection with the investigation of criminal offences or criminal proceedings (whether within or outside the State) as provided for in or permitted by this Act;

(h) that the sample may be compared under section 145 with evidence taken from a crime scene (including crime scene samples) received from a law enforcement agency within the meaning of Chapter 7 of Part 12 ; and

(i) that the sample may be destroyed, and (if appropriate) the DNA profile in respect of the person entered in the reference index of the DNA Database System may be removed from that System, in accordance with Part 10.