Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Chapter 3 Application of this Part to persons from whom samples were taken under Part 5 | ||
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Destruction of samples taken from persons under sections 41 and 42 and removal of their DNA profiles from DNA Database System | ||
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88. (1) Subject to subsection (4), a sample taken from a person under section 41 or 42 shall be destroyed— | ||
(a) as soon as a DNA profile has been generated from the sample, or | ||
(b) before the expiration of the period of 6 months from the taking of the sample, | ||
whichever occurs later. | ||
(2) Subject to subsections (5) and (6), the DNA profile in respect of a person to whom section 41 (2) or 42 (2) applies entered in the elimination (Garda Síochána) index or the elimination (crime scene investigators) index of the DNA Database System shall not be removed from that System until the expiration of the period of 10 years after— | ||
(a) in the case of a member of the Garda Síochána to whom section 41 (2)(a) or 42(2)(a) applies, the person ceases to be a member of the Garda Síochána, | ||
(b) in the case of a person to whom section 41 (2)(b) or paragraph (b) or (c) of section 42 (2) applies, the person ceases to be employed by the Garda Síochána as such a person, but where he or she is appointed as a member of the Garda Síochána paragraph (a) applies to the person, | ||
and the DNA profile concerned shall be removed from that System as soon as practicable after that period. | ||
(3) A person— | ||
(a) to whom subsection (3) of section 41 applies and from whom a sample was taken under that section, or | ||
(b) to whom subsection (3) of section 42 applies and from whom a sample was taken under that section, | ||
may, at any time and without specifying a reason, request the destruction of the sample if not already destroyed, and the removal of his or her DNA profile from the DNA Database System, by notice in writing sent or given to the Commissioner. | ||
(4) Subject to subsections (5) and (6), a sample taken under section 41 or 42 from a person referred to in subsection (3) shall be destroyed if not previously destroyed, and his or her DNA profile shall be removed from the DNA Database System, not more than 3 months after the receipt by the Commissioner of the notice under that subsection. | ||
(5) If the Director of FSI, following consultation with the Commissioner, is satisfied that there is good reason relating to the investigation of offences why a DNA profile in respect of a person entered in the elimination (Garda Síochána) index or the elimination (crime scene investigators) index of the DNA Database System should not be removed from that System under subsection (2) or (4), the Director may, subject to subsection (6), direct that the DNA profile should not be removed from that System. | ||
(6) At the end of each year, the Director of FSI shall carry out a review to determine whether any of the DNA profiles in respect of persons referred to in subsection (5) shall be removed from the DNA Database System and he or she shall consult the Commissioner for the purposes of that review. | ||
(7) The Director of FSI shall inform by notice in writing a person from whom a sample was taken under section 41 or 42 — | ||
(a) if a direction is given by the Director under subsection (5) in relation to the DNA profile in respect of the person, and | ||
(b) if appropriate, of a determination under subsection (6) in relation to the DNA profile in respect of the person. | ||
(8) In this section “member of the Garda Síochána” has the meaning it has in Part 5. |