S.I. No. 526/2015 - Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Certificates) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th November, 2015.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 5 , 162 and 169 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11 of 2014), hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Certificates) Regulations 2015.

2. In these Regulations “Act of 2014” means the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11 of 2014).

3. The form set out in Schedule 1 is prescribed as the form of a certificate under section 162 of the Act of 2014.

4. The form set out in Schedule 2 is prescribed as the form of a certificate under section 169 of the Act of 2014.

Schedule 1

Section 162 certificate for the purpose of evidence in relation to an authorisation given by a member of the Garda Síochána in relation to the taking of samples under Part 2 of the Act, other than section 11.

I certify that the authorisation (or copy thereof) annexed to this certificate was given by me, the undersigned.

The authorisation was given on the following grounds (complete if appropriate):

______________

______________

______________

______________

______________

______________

______________

Name: ______________

Garda Rank: ______________

Date: ______________

Schedule 2

Section 169 certificate for the purpose of evidence in relation to a sample.

I certify the following in relation to the relevant sample:

1. The sample was contained in a tamper-evident container marked with the following unique number: ______________

2. I conducted a thorough examination of the tamper-evident container immediately before opening it and the container displayed no sign of anyone having opened or attempted to open it.

3. I opened the tamper-evident container in which the sample was contained and removed the sample from it for forensic testing on the following date: ______________

Name: ______________

Date: ______________

Officer of Forensic Science Ireland

Note:

The words and terms “relevant sample”, “tamper-evident container” and “forensic testing”, as used in this certificate, have the meanings assigned to them in section 168(6) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 .

GIVEN under my Official Seal,

20 November 2015.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the form of certificates under sections 162 and 169 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 .