Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Appropriate consent to taking of intimate samples | ||
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15. (1) Subject to subsection (2), in this Part “appropriate consent” means— | ||
(a) subject to paragraph (b), in the case of a person who has attained the age of 18 years, the consent of the person, | ||
(b) in the case of a protected person— | ||
(i) the consent of a parent or guardian of the person, or | ||
(ii) an order of the District Court under section 16 authorising the taking of an intimate sample from the person, | ||
(c) in the case of a child (other than a protected person)— | ||
(i) who has attained the age of 14 years, the consent of the child and either— | ||
(I)the consent of a parent or guardian of the child, or | ||
(II)an order of the District Court under section 17 authorising the taking of an intimate sample from the child, | ||
(ii) who has not attained the age of 14 years, either— | ||
(I) the consent of a parent or guardian of the child, or | ||
(II) an order of the District Court under section 17 authorising the taking of an intimate sample from the child. | ||
(2) Where, in relation to the investigation of an offence, an intimate sample is to be taken from a protected person or a child, the consent of a parent or guardian of the protected person or child shall not be sought from a parent or guardian of the protected person or child, as the case may be, if— | ||
(a) he or she is the victim of the offence, | ||
(b) he or she has been arrested in respect of the offence, | ||
(c) the member in charge has reasonable grounds for suspecting him or her of complicity in the offence, or | ||
(d) the member in charge has reasonable grounds for believing that he or she is likely to obstruct the course of justice. | ||
(3) Subsection (2) shall not prevent a parent or guardian of a protected person or a child who does not fall under paragraph (a), (b), (c) or (d) of that subsection from giving the consent required. | ||
(4) Before a member of the Garda Síochána seeks the consent of a parent or guardian of a protected person to the taking of an intimate sample from the person, the member shall inform the parent or guardian of the person of the matters referred to in section 12 (5) in relation to the person. | ||
(5) Before a member of the Garda Síochána seeks the consent of a parent or guardian of a child to the taking of an intimate sample from the child, the member shall inform the parent or guardian of the child of the matters referred to in section 12 (5) in relation to the child. |