Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Direction from Commissioner for sample to be taken for elimination purposes | ||
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45. (1) If the Commissioner has good reason to believe that, in relation to the investigation of an offence, a person specified in subsection (2) has, or may have, contaminated a particular crime scene sample, the Commissioner may direct that the person shall have a sample taken from him or her under this section for the purpose, in relation to the investigation of that offence, of ascertaining whether that person has contaminated that crime scene sample. | ||
(2) A direction may be given under subsection (1) in respect of any of the following persons, other than a person to whom section 41 (2) or 42(2) applies: | ||
(a) a member of the Garda Síochána; | ||
(b) a person who is in accordance with the Act of 2005 admitted 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. | ||
(3) A direction under subsection (1) shall be given in writing and the Commissioner shall give, or cause to be given, a copy of it to the person to whom it relates. | ||
(4) A member of the Garda Síochána or an authorised person shall inform a person 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 pursuant to a direction given 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 for the purpose of ascertaining whether he or she has contaminated the crime scene sample concerned; | ||
(d) that the sample, and the DNA profile in respect of the person generated from it, may be destroyed 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 in respect of whom a direction is given under subsection (1). |