Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Chapter 4 Application of this Part to persons from whom, or in relation to whom, samples were taken under Part 6 | ||
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Destruction of samples taken from persons under Part 6 and removal of their DNA profiles from DNA Database System | ||
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92. (1) A person referred to in subsection (1)(b) of section 48 from whom a sample was taken under that section, or, in the case of a protected person or a child, the person who gave consent under section 54 to the taking of a sample under that section from the protected person or the child, as the case may be, may request the destruction of the sample, or the removal from the DNA Database System of the DNA profile generated from the sample in respect of the person, or both by notice in writing sent or given to the Commissioner. | ||
(2) Subject to subsections (7) to (9), a sample taken under section 48 from a person referred to in subsection (1)(b) of that section shall be destroyed, or the DNA profile generated from the sample in respect of the person shall be removed from the DNA Database System, or both not more than 3 months after the receipt by the Commissioner of the notice under subsection (1). | ||
(3) Subject to subsections (7) to (10), a sample taken under section 48 from a person referred to in subsection (1)(b) of that section shall, if not previously destroyed, be destroyed, and the DNA profile generated from the sample in respect of the person shall, if not previously removed, be removed from the DNA Database System, not more than 3 months after the missing person in relation to whose disappearance the sample was taken is found or identified. | ||
(4) Subject to subsections (7) to (10), a sample taken under section 48 in relation to a missing person shall be destroyed, and the DNA profile generated from the sample in respect of the missing person shall be removed from the DNA Database System, not more than 3 months after that person is found or identified. | ||
(5) Subject to subsections (7) to (9), a sample taken under section 49 from an unknown person shall be destroyed, and the DNA profile generated from the sample in respect of the unknown person shall be removed from the DNA Database System, not more than 3 months after the unknown person is identified. | ||
(6) Subject to subsections (7) to (10), a sample taken from the body of a deceased person under section 50 shall be destroyed, and the DNA profile generated from the sample in respect of the person shall be removed from the DNA Database System, not more than 3 months after the person is identified. | ||
(7) Nothing in this section shall require the destruction of a sample, or the removal from the DNA Database System of the DNA profile generated from the sample, if the sample or the DNA profile or both are required for the purposes of— | ||
(a) the investigation of an offence in connection with the disappearance of a missing person, the circumstances whereby an unknown person became seriously ill, or severely injured, and unable to identify himself or herself or the death of an unknown deceased person, as the case may be, or | ||
(b) an inquest regarding the death of an unknown deceased person or, if appropriate, a missing person, if the person is deceased when he or she is found or identified. | ||
(8) Subject to subsection (10), if a sample, or the DNA profile generated from the sample in respect of a person, or both are required for the purposes of the investigation of an offence referred to in subsection (7)(a), the sample shall be destroyed, and the DNA profile shall be removed from the DNA Database System, not more than 3 months after the investigation of the offence is completed or any proceedings in respect of that offence are determined, whichever is the later. | ||
(9) The member of the Garda Síochána in charge of the investigation of an offence referred to in subsection (7)(a) shall determine, for the purposes of subsection (8), when the investigation of that offence is completed. | ||
(10) If a sample, or the DNA profile generated from the sample in respect of a person, or both are required for the purposes of an inquest referred to in subsection (7)(b), the sample shall be destroyed, and the DNA profile shall be removed from the DNA Database System, not more than 3 months after the conclusion of the inquest unless the coroner conducting that inquest orders otherwise. | ||
(11) This section shall, with any necessary modifications, apply to a sample that is regarded under subsection (11) or (12) of section 48 as having been taken under that section. | ||
(12) This section shall, with any necessary modifications, apply to a sample that is regarded under subsection (6) or (7) of section 50 as having been taken under that section. |