Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

Inhalt

1. Art. 1 Short title and commencement
2. Art. 2 Interpretation
3. Art. 3 Supplementary provisions relating to samples and DNA profiles
4. Art. 4 Transmission or provision of samples taken under Part 2 or 4, and DNA profiles generated from such samples, under other enactments
5. Art. 5 Orders and regulations
6. Art. 6 Repeal and revocations
7. Art. 7 Transitional provisions
8. Art. 8 Expenses
9. Art. 9 Power to take samples from persons in custody of Garda Síochána
10. Art. 10 Protected persons for purposes of Part 2
11. Art. 11 Taking of samples from persons in custody of Garda Síochána for purposes of DNA Database System
12. Art. 12 Taking of intimate samples from persons in custody of Garda Síochána
13. Art. 13 Taking of non-intimate samples from persons in custody of Garda Síochána
14. Art. 14 Giving of information under Part 2 to protected persons or children
15. Art. 15 Appropriate consent to taking of intimate samples
16. Art. 16 Application for court order authorising taking of intimate sample from protected person
17. Art. 17 Application for court order authorising taking of intimate sample from child
18. Art. 18 Persons authorised to take intimate samples
19. Art. 19 Inferences from refusal to consent, or withdrawal of consent, to taking of intimate sample
20. Art. 20 When sample taken for purposes of DNA Database System may also be used for evidential purposes
21. Art. 21 Taking of samples from protected persons under Part 2
22. Art. 22 Taking of samples from children under Part 2
23. Art. 23 Persons other than parent or guardian to support protected person
24. Art. 24 Use of reasonable force to take sample under section 11 or non-intimate sample
25. Art. 25 Re-taking of certain samples under Part 2 in certain circumstances
26. Art. 26 Samples not to be taken from persons in custody of Garda Síochána other than in accordance with this Part
27. Art. 27 Taking of samples from volunteers to generate DNA profiles
28. Art. 28 Entry of DNA profiles of volunteers in reference index of DNA Database System
29. Art. 29 Taking of samples for mass screening
30. Art. 30 Re-taking of samples under Part 3
31. Art. 31 Taking of samples from offenders
32. Art. 32 Taking of samples from child offenders
33. Art. 33 Former offenders
34. Art. 34 Taking of samples from former offenders
35. Art. 35 Taking of samples from deceased persons suspected of commission of relevant offence
36. Art. 36 Use of reasonable force to take sample from offender or child offender
37. Art. 37 Giving of information under Part 4 to protected persons or children
38. Art. 38 Re-taking of samples under section 31 or 32 in certain circumstances
39. Art. 39 Re-taking of samples from former offenders
40. Art. 40 Definitions (Part 5)
41. Art. 41 Taking of samples from Garda Síochána personnel for elimination (Garda Síochána) index
42. Art. 42 Taking of samples from Garda Síochána personnel for elimination (crime scene investigators) index
43. Art. 43 Taking of samples from members of staff of FSI for elimination (crime scene investigators) index
44. Art. 44 Taking of samples from other persons for elimination purposes
45. Art. 45 Direction from Commissioner for sample to be taken for elimination purposes
46. Art. 46 Direction from Director of FSI for sample to be taken for elimination purposes
47. Art. 47 Re-taking of samples under Part 5
48. Art. 48 Taking of samples in relation to missing persons
49. Art. 49 Taking of samples from unknown persons
50. Art. 50 Taking of samples from bodies of unknown deceased persons
51. Art. 51 Re-taking of samples under Part 6
52. Art. 52 Part 6 not to affect provisions or powers relating to investigation of offences or investigations relating to deaths of deceased persons
53. Art. 53 Giving of information under Parts 3 and 6 to protected persons or children
54. Art. 54 Consent to taking of certain samples under Parts 3 and 6 from protected persons or children
55. Art. 55 Information to be given to parents or guardians of protected persons or children or to others regarding certain samples under Parts 3 and 6
56. Art. 56 Application for court order authorising taking of certain samples under Parts 3 and 6 from protected person or child
57. Art. 57 Taking of certain samples under Parts 3 and 6 from protected persons or children
58. Art. 58 Withdrawal of consent to taking of certain samples under Parts 3 and 6 from protected persons or children
59. Art. 59 DNA Database System
60. Art. 60 Purposes of DNA Database System
61. Art. 61 Crime scene index
62. Art. 62 Reference index
63. Art. 63 Elimination (Garda Síochána) index
64. Art. 64 Elimination (crime scene investigators) index
65. Art. 65 Elimination (prescribed persons) index
66. Art. 66 Missing and unknown persons index
67. Art. 67 Functions of Director of FSI in relation to DNA Database System
68. Art. 68 Permitted searching
69. Art. 69 Statistics
70. Art. 70 Annual report of Director of FSI in relation to DNA Database System
71. Art. 71 DNA Database System Oversight Committee
72. Art. 72 Functions of Committee
73. Art. 73 Cooperation with Committee
74. Art. 74 Annual report of Committee
75. Art. 75 Interpretation (Chapter 1)
76. Art. 76 Destruction of intimate samples and non-intimate samples in certain circumstances
77. Art. 77 Extension of retention period under section 76 for intimate samples and non-intimate samples in certain circumstances
78. Art. 78 Destruction of intimate samples and non-intimate samples in exceptional circumstances
79. Art. 79 Destruction of certain samples taken for purposes of DNA Database System
80. Art. 80 Removal of certain DNA profiles in reference index of DNA Database System from that System in certain circumstances
81. Art. 81 Extension of retention period under section 80 for certain DNA profiles in reference index of DNA Database System in certain circumstances
82. Art. 82 Removal in exceptional circumstances of certain DNA profiles in reference index of DNA Database System from that System
83. Art. 83 Application of this Part to former offenders
84. Art. 84 Removal of DNA profiles in respect of former child offenders from DNA Database System in certain circumstances
85. Art. 85 DNA profiles not to be removed from DNA Database System in certain circumstances
86. Art. 86 Date on which sample under section 11, 12, 13, 31 or 32 may be deemed to have been taken in certain circumstances
87. Art. 87 Destruction of samples taken from persons under Part 3 and destruction, or removal from DNA Database System, of their DNA profiles
88. Art. 88 Destruction of samples taken from persons under sections 41 and 42 and removal of their DNA profiles from DNA Database System
89. Art. 89 Destruction of samples taken from persons under section 43 and removal of their DNA profiles from DNA Database System
90. Art. 90 Destruction of samples taken from persons under section 44 and removal of their DNA profiles from DNA Database System
91. Art. 91 Destruction of sample taken from person under section 45 or 46 and his or her DNA profile
92. Art. 92 Destruction of samples taken from persons under Part 6 and removal of their DNA profiles from DNA Database System
93. Art. 93 Applications to District Court to retain certain samples and certain DNA profiles beyond retention period
94. Art. 94 Dismissal of charges, quashing of convictions and determination of proceedings
95. Art. 95 Review of operation of this Part insofar as it relates to DNA Database System
96. Art. 96 Ministerial orders to change periods for destruction of samples or removal of DNA profiles from DNA Database System
97. Art. 97 Request to FSI or other person to destroy sample or destroy, or remove from DNA Database System, DNA profile
98. Art. 98 Circumstances in which person to be informed of destruction of sample or destruction, or removal from DNA Database System, of DNA profile
99. Art. 99 Application of Part to Police Ombudsman
100. Art. 100 Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge
101. Art. 101 Amendment of section 3(1) of Act of 1984
102. Art. 102 Amendment of section 6A of Act of 1984
103. Art. 103 Destruction of fingerprints, palm prints and photographs
104. Art. 104 Amendment of section 9 of Act of 1984
105. Art. 105 Amendment of section 28 of Act of 1984
106. Art. 106 Amendment of section 5 of Act of 1996
107. Art. 107 Amendment of section 12 of Criminal Justice Act 2006
108. Art. 108 Amendment of section 52 of Act of 2007
109. Art. 109 Interpretation (Part 12)
110. Art. 110 Designated state
111. Art. 111 Application of Implementing Council Decision
112. Art. 112 National contact point in relation to DNA data
113. Art. 113 Automated searching of certain DNA data in DNA Database System
114. Art. 114 Automated comparison of unidentified DNA profiles supplied by designated state with certain DNA profiles in DNA Database System
115. Art. 115 Automated searching for certain DNA profiles in DNA analysis files of designated state
116. Art. 116 Automated comparison of DNA profiles in crime scene index with DNA profiles in DNA analysis files of designated state
117. Art. 117 National contact point in relation to dactyloscopic data
118. Art. 118 Dactyloscopic data to which this Chapter applies
119. Art. 119 Automated searching of certain dactyloscopic data in automated fingerprint identification system
120. Art. 120 Automated searching for certain dactyloscopic data in automated fingerprint identification system of designated state
121. Art. 121 Delegation of certain functions of Head of Technical Bureau of Garda Síochána
122. Art. 122 Definitions (Chapter 4)
123. Art. 123 Application of Act of 1988
124. Art. 124 Purposes for which data may be processed
125. Art. 125 Correction of inaccurate data, destruction of incorrectly supplied data and storage of data
126. Art. 126 Authorised officers
127. Art. 127 Recording of automated supply of data
128. Art. 128 Amendment of section 2(1) of Act of 2008
129. Art. 129 Amendment of section 76 of Act of 2008
130. Art. 130 Amendment of section 77(5) of Act of 2008
131. Art. 131 Amendment of section 78 of Act of 2008
132. Art. 132 Amendment of section 79 of Act of 2008
133. Art. 133 Request pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway
134. Art. 134 Application for court order authorising taking of identification evidence from protected person or child under Act of 2008
135. Art. 135 Recording of supply and receipt of data for requests pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway
136. Art. 136 Amendment of section 107 of Act of 2008
137. Art. 137 Amendment of section 108 of Act of 2008
138. Art. 138 Amendment of section 109 of Act of 2008
139. Art. 139 Amendment of section 50 of Act of 2006
140. Art. 140 Application for court order authorising taking of identification evidence from protected person or child under Act of 2006
141. Art. 141 Definition
142. Art. 142 Transmission of DNA profiles from missing and unknown persons index of DNA Database System to law enforcement agency
143. Art. 143 Receipt of DNA profiles in respect of missing persons, etc., from law enforcement agency in designated state
144. Art. 144 Receipt of DNA profiles from law enforcement agency in place other than designated state
145. Art. 145 Receipt of crime scene evidence from law enforcement agency
146. Art. 146 Saver
147. Art. 147 Definitions (Chapter 8)
148. Art. 148 Recognition of accredited forensic service providers carrying out laboratory activities in Member States
149. Art. 149 Sample may be taken from person even if bodily sample taken previously
150. Art. 150 Authorised persons
151. Art. 151 Authorised members of staff of children detention schools
152. Art. 152 Delegation of functions of Commissioner under this Act
153. Art. 153 Delegation of functions of governor of prison or place of detention or Director of children detention school under this Act
154. Art. 154 Delegation of functions of Director of FSI under this Act
155. Art. 155 Further provisions regarding taking of samples under this Act or certain identification evidence under Act of 2008 or Act of 2006
156. Art. 156 Regulations regarding taking of samples
157. Art. 157 Codes of practice
158. Art. 158 Protocols
159. Art. 159 Disclosure of information
160. Art. 160 Offences and penalties
161. Art. 161 Authorisations under this Act
162. Art. 162 Evidence of certain authorisations under this Act
163. Art. 163 Service of notices
164. Art. 164 Non-compliance by member of Garda Síochána with this Act, regulations thereunder or code of practice
165. Art. 165 Non-application of Act
166. Art. 166 Re-arrest in case of match of DNA profiles
167. Art. 167 Exercise of certain power by judge of District Court outside district court district
168. Art. 168 Procedures that may be used for transmission of certain samples for forensic testing
169. Art. 169 Provisions relating to evidence in proceedings regarding certain samples
170. Art. 170 Amendment of Misuse of Drugs Act 1984
171. Art. 171 Amendment of section 6(4) of Act of 1984
172. Art. 172 Change of name of Forensic Science Laboratory of Department of Justice and Equality