Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Application of this Part to former offenders | ||
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83. (1) A person from whom a sample was taken under section 34 may apply to the Commissioner under this section to have his or her DNA profile that was generated from the sample and entered in the reference index of the DNA Database System removed from that System. | ||
(2) An application under subsection (1)may be made by a person if a conviction for any offence to which regard was had under section 33 for the purposes of determining whether he or she was a former offender— | ||
(a) has been quashed, or | ||
(b) has been declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 . | ||
(3) An application under subsection (1) shall be made in writing and shall contain sufficient particulars relating to the sample or DNA profile concerned to facilitate its identification. | ||
(4) The Commissioner shall, as soon as may be after the receipt of an application under subsection (1), acknowledge the receipt of it by notice in writing. | ||
(5) The Commissioner shall, as soon as may be but not later than 3 months after the receipt of an application under subsection (1), determine the application. | ||
(6) The Commissioner shall, for the purposes of determining an application under subsection (1), consider in accordance with section 33 whether the person concerned is a former offender. | ||
(7) The determination of the Commissioner of an application under subsection (1) may provide for the retention in, or the removal from, the DNA Database System of the DNA profile of the person concerned. | ||
(8) The Commissioner shall cause the person concerned to be informed by notice in writing of the determination and the reasons for it, the date on which it was made and of the right of appeal under subsection (9). | ||
(9) Where the Commissioner, in relation to an application under subsection (1) — | ||
(a) refuses the application, or | ||
(b) does not determine the application within the time limit specified in subsection (5) in which case the application shall be deemed to have been refused, | ||
the person concerned or, if that person is a child or a protected person, a parent or guardian on his or her behalf may, within the period of 3 months from the date of the determination or, as may be appropriate, the latest date for making a determination under subsection (5), appeal to the District Court against the determination. | ||
(10) An appeal under subsection (9) shall— | ||
(a) be on notice to the Commissioner, and | ||
(b) be heard otherwise than in public. | ||
(11) If, on an appeal under subsection (9), the District Court— | ||
(a) confirms the determination concerned, or | ||
(b) allows the appeal, | ||
the Commissioner shall ensure that effect is given to the decision of the Court. | ||
(12) The jurisdiction conferred on the District Court by this section shall be exercised by a judge of the District Court who is assigned to the district court district in which the person concerned resides or, if that person does not ordinarily reside in the State, by a judge of the District Court who is assigned to the district court district in which the sample concerned was taken. | ||
(13) The District Court may make such order as to costs as it considers appropriate on an appeal under subsection (9). | ||
(14) Nothing in this section shall— | ||
(a) prevent or restrict the exercise of powers conferred by section 34 or 39, or | ||
(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the DNA profile concerned for the purposes of— | ||
(i) this Act, | ||
(ii) a criminal investigation, or | ||
(iii) other proceedings. |