Criminal Justice Act, 1984
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Destruction of records. |
8.—(1) Every photograph (including a negative), fingerprint and palm print of a person taken in pursuance of the powers conferred by section 6 and every copy and record thereof shall, if not previously destroyed, be destroyed as this section directs. | |
(2) Where proceedings for an offence to which section 4 applies are not instituted against the person within the period of six months from the date of the taking of the photograph or print and the failure to institute such proceedings within that period is not due to the fact that he has absconded or cannot be found, the destruction shall be carried out on the expiration of that period. | ||
(3) Where proceedings have been so instituted and the person is acquitted or discharged or the proceedings are discontinued, the destruction shall be carried out on the acquittal, discharge or discontinuance. | ||
(4) (a) Where a person is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907 , the destruction shall be carried out at the expiration of three years from the making of the order provided that he has not been charged with an offence during that period. | ||
(b) Paragraph (a) shall not apply to an order under section 1 (2) of that Act discharged on the appeal of a person against conviction if on appeal his conviction is affirmed. | ||
(5) The person concerned, his solicitor or some other person authorised by him in writing to act on his behalf shall be entitled, on request, to witness the destruction. | ||
(6) Where civil proceedings are instituted before a particular photograph or print is required to be destroyed under this section and a party to the proceedings serves notice on the Commissioner of the Garda Síochána that it may be required in connection with the proceedings, then, notwithstanding anything in this section, the photograph or print shall be preserved until six months from the conclusion of the proceedings or until the conclusion of any proceedings on appeal, whichever is the later. | ||
(7) Notwithstanding anything in the foregoing provisions of this section, a justice of the District Court may, on the application of the Director of Public Prosecutions, authorise the preservation of a photograph or print for a period not exceeding six months on being satisfied that it may be required for the purpose of further proceedings in relation to the offence. |