Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Use of reasonable force to take sample under section 11 or non-intimate sample | ||
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24. (1) Without prejudice to the generality of sections 11 and 13 and subject to subsection (2), where a person fails or refuses to allow a sample to be taken from him or her pursuant to either of those sections a member of the Garda Síochána, and the member or members of the Garda Síochána assisting that member, may use such force as is reasonably considered necessary to take the sample or to prevent the loss, destruction or contamination of the sample or both. | ||
(2) Subsection (1) shall not apply to— | ||
(a) the taking of a sample under section 11 from a child, or | ||
(b) the taking of a non-intimate sample from a child who has not attained the age of 12 years. | ||
(3) The power referred to in subsection (1)shall not be exercised unless a member of the Garda Síochána not below the rank of superintendent authorises it. | ||
(4) Where it is intended to exercise the power conferred by subsection (1), one of the members of the Garda Síochána concerned shall inform the person concerned— | ||
(a) of that intention, and | ||
(b) that an authorisation to do so has been given under subsection (3). | ||
(5) A sample to be taken pursuant to this section shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector and that member shall determine the number of members of the Garda Síochána that is reasonably necessary for the purposes of subsection (1). | ||
(6) A non-intimate sample to be taken from a protected person pursuant to this section shall not be taken except where— | ||
(a) a parent or guardian of the person or, if appropriate, an adult relative or other adult reasonably named by the person who, pursuant to section 58 of the Act of 2001, section 23 (2) or otherwise, attends at the Garda Síochána station in which the person is detained, or | ||
(b) in the absence, or the exclusion under subsection (4) of section 21 or the removal under subsection (5) of that section, of a person referred to in paragraph (a), another adult (not being a member of the Garda Síochána) nominated by the member in charge of the Garda Síochána station, | ||
is present while the sample is being taken, unless the protected person indicates that he or she does not wish to have the person present. | ||
(7) The member in charge of the Garda Síochána station concerned shall in so far as practicable, nominate a person under subsection (6)(b) who, by reason of his or her training or experience with persons who have physical or mental disabilities or both, is suitable for that purpose. | ||
(8) A non-intimate sample to be taken from a child pursuant to this section shall not be taken except where— | ||
(a) a parent or guardian of the child or, if appropriate, another adult who, pursuant to section 58 of the Act of 2001, attends at the Garda Síochána station in which the child is detained, or | ||
(b) in the absence, or the exclusion under subsection (4) of section 22 or the removal under subsection (5) of that section, of a person referred to in paragraph (a), another adult (not being a member of the Garda Síochána) nominated by the member in charge of the Garda Síochána station, | ||
is present while the sample is being taken, unless the child indicates that he or she does not wish to have the person present. | ||
(9) The member in charge of the Garda Síochána station concerned shall, in so far as practicable, nominate a person under subsection (8)(b) who, by reason of his or her training or experience with children, is suitable for that purpose. | ||
(10) The taking of a sample pursuant to this section shall be recorded by electronic or similar means. |