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

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Taking of samples from Garda Síochána personnel for elimination (crime scene investigators) index

42. (1) A sample taken under this section from a person shall be used to generate a DNA profile in respect of the person to be entered in the elimination (crime scene investigators) index of the DNA Database System for the purpose, in relation to the investigation of offences, of ascertaining whether that person has contaminated a crime scene sample.

(2) A sample shall be taken under this section from any of the following who is assigned to duties relating to the investigation or technical examination of crime scenes or anything found at or recovered from crime scenes:

(a) a member of the Garda Síochána who is appointed as such a member after the commencement of this section;

(b) a person who is, after the commencement of this section, admitted in accordance with the Act of 2005 to training for membership (including as a reserve member within the meaning of section 3 of that Act) of the Garda Síochána;

(c) a member of the civilian staff of the Garda Síochána who is appointed as such a member of staff after the commencement of this section.

(3) A sample may be taken under this section from any of the following who is assigned to duties relating to the investigation or technical examination of crime scenes or anything found at or recovered from crime scenes only if he or she consents in writing to having such a sample taken from him or her:

(a) a member of the Garda Síochána who is such a member upon the commencement of this section;

(b) a person who is, on the commencement of this section, admitted in accordance with the Act of 2005 to training for membership (including as a reserve member within the meaning of section 3 of that Act) of the Garda Síochána;

(c) a member of the civilian staff of the Garda Síochána who is such a member of staff upon the commencement of this section.

(4) A member of the Garda Síochána or an authorised person shall inform a person to whom this section applies of the following before taking, or causing to be taken, a sample under this section from him or her:

(a) that the sample is to be taken from him or her under this section;

(b) in a case in which a sample already taken under this section from the person has proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 47 (1) a second or further sample under this section is required to be taken from him or her—

(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and

(ii) that a second or further sample under this section is, in accordance with section 47 (1), to be taken from him or her;

(c) that the sample will be used to generate a DNA profile in respect of the person to be entered in the elimination (crime scene investigators) index of the DNA Database System and the effect of such an entry;

(d) that if, in the case of a person referred to in paragraph (a) or (b) of subsection (2) or paragraph (a) or (b) of subsection (3), the person is no longer assigned to duties relating to the investigation or technical examination of crime scenes or anything found at or recovered from crime scenes, the DNA profile in respect of the person will be transferred from the elimination (crime scene investigators) index to the elimination (Garda Síochána) index of the DNA Database System;

(e) that, in the case of a person referred to in subsection (2)(b) or (3)(b), if he or she is at any time after the taking of the sample appointed as a member of the Garda Síochána, the DNA profile generated from the sample in respect of the person and entered in the elimination (crime scene investigators) index of the DNA Database System may be retained in that index of that System in accordance with subsection (8); and

(f) that the sample may be destroyed, and the DNA profile in respect of the person entered in the elimination (crime scene investigators) index or the elimination (Garda Síochána) index, as the case may be, of the DNA Database System may be removed from that System, in accordance with Part 10.

(5) Subject to this Act, a member of the Garda Síochána or an authorised person may take, or cause to be taken, a sample under this section from a person to whom this section applies.

(6) A sample that was taken before the commencement of this section from a person referred to in subsection (3) for the purpose, in relation to the investigation of offences, of ascertaining whether that person has contaminated a crime scene sample, and any DNA profile that was generated from the sample in respect of the person, shall be regarded as a sample taken from him or her under this section and a DNA profile generated from the sample to be entered in the elimination (crime scene investigators) index of the DNA Database System in respect of him or her only if—

(a) that person consents in writing to the sample and DNA profile concerned being so regarded, and

(b) before the consent referred to in paragraph (a)is obtained, subsection (4) shall, with any necessary modifications, be applied in relation to that person.

(7) If a person referred to in paragraph (a) or (b) of subsection (2), or paragraph (a) or (b) of subsection (3), from whom a sample was taken, or is regarded under subsection (6) as having been taken, under this section is no longer assigned to duties relating to the investigation or technical examination of crime scenes or anything found at or recovered from crime scenes, the DNA profile that was generated from the sample in respect of the person shall be transferred from the elimination (crime scene investigators) index to the elimination (Garda Síochána) index of the DNA Database System.

(8) If a person referred to in subsection (2)(b) or (3)(b) is at any time after a sample is taken, or in the case of a person referred to in subsection (3)(b) is regarded under subsection (6) as having been taken, from him or her under this section appointed as a member of the Garda Síochána, the DNA profile generated from the sample in respect of the person and entered in the elimination (crime scene investigators) index of the DNA Database System may be retained in that index of that System as if it were generated from a sample taken from the person under subsection (2)(a).