Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Destruction of samples taken from persons under section 43 and removal of their DNA profiles from DNA Database System | ||
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89. (1) Subject to subsection (4), a sample taken from a person under section 43 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 member of the staff of FSI entered in 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 he or she ceases to be such a member of staff, and that DNA profile shall be removed from that System as soon as practicable after that period. | ||
(3) A member of staff of FSI to whom subsection (3) of section 43 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 Director of FSI. | ||
(4) Subject to subsections (5)and (6), a sample taken under section 43 from a member of the staff of FSI 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 Director of FSI of the notice under that subsection. | ||
(5) If the Director of FSI is satisfied that there is good reason relating to the investigation of offences why a DNA profile in respect of a member of the staff of FSI entered in 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 shall 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 members of the staff of FSI referred to in subsection (5) shall be removed from the DNA Database System. | ||
(7) The Director of FSI shall inform by notice in writing a person from whom a sample was taken under section 43 — | ||
(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. |