Criminal Justice (Forensic Evidence) Act, 1990
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“appropriate consent” has the meaning assigned to it by section 2 (10) of this Act;
“the Minister” means the Minister for Justice;
“prescribed” means prescribed by regulations made by the Minister under section 5 of this Act;
“prison” means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, or section 13 of the Criminal Justice Act, 1960 ;
“registered dentist” means a person whose name is entered for the time being on the Register of Dentists maintained under the Dentists Act, 1985 ;
“registered medical practitioner” has the meaning assigned to it by 20 section 2 of the Medical Practitioners Act, 1978 ;
“samples” means the samples or other things referred to in section 2 (1) (a) to (e) of this Act.
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paragraphs: —(1) Subject to the provisions of subsections (4) to (8) of this section, where a person is in custody under the provisions of section 30 of the Offences against the State Act, 1939 , or section 4 of the Criminal Justice Act, 1984 , a member of the Garda SÃ­ochÃ¡na may take, or cause to be taken, from that person for the purpose of forensic testing all or any of the following samples, namely—
(a) a sample of—
(i) blood,
(ii) pubic hair,
(iii) urine,
(iv) saliva,
(v) hair other than pubic hair,
(vi) a nail,
(vii) any material found under a nail,
(b) a swab from any part of the body other than a body orifice or a genital region,
(c) a swab from a body orifice or a genital region,
(d) a dental impression,
(e) a footprint or similar impression of any part of the person's body other than a part of his hand or mouth.
(2) Subject to the provisions of subsections (3) to (8) of this section, where a person is in prison, a member of the Garda SÃ­ochÃ¡na may take, or cause to be taken, from that person for the purpose of forensic testing all or any of the samples specified in subsection (1) of this section.
(3) The power conferred by subsection (2) of this section shall only be exercisable—
(a) where the sample to be taken is required in connection with an offence other than the offence in respect of which the person is in prison or an offence of which he could be convicted on an indictment alleging that offence, and
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paragraphs: —(1) Where a consent required under section 2 of this Act is refused without good cause, in any proceedings against a person for an offence—
(a) the court, in determining—
(i) whether to send forward that person for trial, or
(ii) whether there is a case to answer, and
(b) the court (or, subject to the judge's directions, the jury), in determining whether that person is guilty of the offence charged (or of any other offence of which he could lawfully be convicted on that charge),
may draw such inferences, if any, from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as being capable of amounting to, corroboration of any evidence in relation to which the refusal is material, but a person shall not be convicted of an offence solely on an inference drawn from such refusal.
(2) The reference in subsection (1) of this section to evidence shall, in relation to the preliminary examination of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.
(3) Subsection (1) of this section shall not have effect in relation to an accused unless he has been told in ordinary language by a member of the Garda SÃ­ochÃ¡na when seeking his consent that the sample was required for the purpose of forensic testing, that his consent was necessary and, if his consent was not given, what the effect of a refusal by him of such consent could be.
(4) This section shall not apply—
(a) to a person who has not attained the age of 14 years, or
(b) in a case where an appropriate consent has been refused by a parent or guardian.
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paragraphs: —(1) Subject to subsection (5) of this section, every record identifying the person from whom a sample has been taken pursuant to section 2 of this Act shall, if not previously destroyed, be destroyed as this section directs and every sample identified by such record shall be destroyed in like manner.
(2) Where proceedings for any offence in respect of which a person could be detained under section 30 of the Offences against the State Act, 1939 , or section 4 of the Criminal Justice Act, 1984 , are not instituted against the person from whom the sample was taken within six months from the taking of the sample and the failure to institute the proceedings within that period is not due to the fact that he has absconded or cannot be found, the destruction of the record and the sample identified by such record shall be carried out on the expiration of that period unless an order has been made under subsection (5) of this section.
(3) Where proceedings have been so instituted and the person is acquitted or discharged or the proceedings are discontinued, the destruction of the record and the sample identified by such record shall be carried out on the expiration of twenty-one days after the acquittal, discharge or discontinuance unless an order has been made under subsection (5) of this section.
(4) (a) Where a person from whom a sample has been taken is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907 , the destruction of the said sample and every record identifying such sample shall be carried out on the expiration of 3 years from the making of the order; provided that he has not been convicted of an offence to which section 4 of the Criminal Justice Act, 1984 , applies during that period.
(b) Paragraph (a) of this subsection shall not apply to an order under section 1 (2) of the Probation of Offenders Act, 1907 , discharged on the appeal of a person against conviction if on appeal his conviction is affirmed.
(5) If a court is satisfied, on an application being made to it by or on behalf of the Director of Public Prosecutions or the person from whom the sample was taken, that there is good reason why records and samples to which this section applies should not be destroyed under this section, it may make an order authorising the retention of such records and samples for such purpose or period as it may direct.
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paragraphs: —(1) The Minister shall make regulations relating to the taking of samples for the purposes of this Act.
(2) Without prejudice to the generality of subsection (1) of this section, the regulations shall—
(a) make provision for the recording in the records of a Garda SÃ­ochÃ¡na station of—
(i) an authorisation to take a sample given under section 2 (4) (a) of this Act and any consent given under section 2 (4) (b) of this Act,
(ii) a refusal to consent to the taking of a sample in cases where consent is to be given under section 2 (4) (b) of this Act,
(iii) particulars of the time and manner of the taking of a sample pursuant to this Act, and
(b) make provision for the taking of samples from persons who have not attained the age of 17 years.
(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: —Section 7 (1) (e) of the Criminal Law Act, 1976 , and section 6 (1) (e) of the Criminal Justice Act, 1984 , are hereby repealed.
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paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —(1) This Act may be cited as, the Criminal Justice (Forensic Evidence) Act, 1990.
(2) This Act shall come into operation on such day as may be fixed therefor by order of the Minister.