Defence Forces (Evidence) Act 2022

Defence Forces (Evidence) Act 2022 Permanent Page URL View by Section Amharc de réir Ailt View Full Act Amharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDF Oscail PDF Priontáil an tAcht Iomlán Previous Section Alt Roimhe Next Section An Chéad Alt Eile Priontáil an tAlt 16 2022 DEFENCE FORCES (EVIDENCE) ACT 2022 PART 1 Preliminary and General 1. Short title and commencement 2. Interpretation 3. Application of Act to persons subject to military law 4. Supplementary provisions relating to samples and DNA profiles 5. Orders and regulations 6. Expenses 7. Objective of processing personal data PART 2 Taking of samples from persons in custody of Military Police 8. Power to take samples from person who is subject to military law 9. Taking of samples from persons in custody of Military Police for purposes of DNA (Military Police) Database System 10. Taking of intimate samples from persons in custody of Military Police 11. Taking of non-intimate samples from persons in custody of Military Police 12. Persons authorised to take intimate samples 13. Inferences from refusal to consent, or withdrawal of consent, to taking of intimate sample 14. When sample taken for purposes of DNA (Military Police) Database System may also be used for evidential purposes 15. Use of reasonable force to take sample under section 9 or non-intimate sample 16. Re-taking of certain samples under Part 2 in certain circumstances 17. Samples not to be taken from persons in custody of Military Police other than in accordance with this Part PART 3 Taking of samples for elimination purposes 18. Definition (Part 3) 19. Taking of samples from Military Police personnel for elimination (Military Police) index 20. Direction from provost marshal for sample to be taken for elimination purposes 21. Re-taking of samples under Part 3 PART 4 Taking of samples from volunteers 22. Taking of samples from volunteers to generate DNA profiles 23. Re-taking of samples under Part 4 24. Entry of DNA profiles of volunteers in reference (Military Police) index of DNA (Military Police) Database System PART 5 DNA (Military Police) Database System Chapter 1 Structure and purposes of DNA (Military Police) Database System 25. DNA (Military Police) Database System 26. Purposes of DNA (Military Police) Database System 27. Crime scene (Military Police) index 28. Reference (Military Police) index 29. Elimination (Military Police) index Chapter 2 Functions of Director of FSI in relation to DNA (Military Police) Database System 30. Functions of Director of FSI in relation to DNA (Military Police) Database System 31. Annual report of Director of FSI in relation to DNA (Military Police) Database System Chapter 3 PART 6 Other powers of members of Military Police in relation to person placed in service custody Chapter 1 Obtaining and destruction of evidence 33. Definition (Part 6) 34. Other powers of members of Military Police in relation to person placed in service custody 35. Property in possession of Military Police 36. Destruction of item of forensic evidence or photograph taken under section 34 37. Extension of retention period under section 36 for items of forensic evidence taken under section 34 in certain circumstances 38. Destruction of items of forensic evidence taken under section 34 in exceptional circumstances 39. Retrial, quashing of convictions and determination of proceedings 40. Circumstances in which person to be informed of destruction of items of forensic evidence or photograph taken under section 34 41. Records Chapter 2 Chapter 3 Destruction of items taken under section 34 not previously destroyed 44. Destruction of items of forensic evidence taken under section 34 not previously destroyed 45. Application to retain forensic evidence beyond period specified in section 44 PART 7 Destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles Chapter 1 46. Interpretation (Part 7) Chapter 2 Application of this Part to persons from whom samples were taken under Part 2 47. Destruction of intimate samples and non-intimate samples in certain circumstances 48. Extension of retention period under section 47 for intimate samples and non-intimate samples in certain circumstances 49. Destruction of intimate samples and non-intimate samples in exceptional circumstances 50. Destruction of certain samples taken for purposes of DNA (Military Police) Database System 51. Removal of certain DNA profiles from reference (Military Police) index of DNA (Military Police) Database System in certain circumstances 52. Extension of retention period under section 51 for certain DNA profiles in reference (Military Police) index of DNA (Military Police) Database System in certain circumstances 53. Removal in exceptional circumstances of certain DNA profiles in reference (Military Police) index of DNA (Military Police) Database System from that system 54. DNA profiles not to be removed from DNA (Military Police) Database System in certain circumstances 55. Date on which sample under section 9, 10 or 11 may be deemed to have been taken in certain circumstances Chapter 3 Application of this Part to persons from whom samples were taken under Part 3 56. Destruction of samples taken from persons under section 19 and removal of their DNA profiles from DNA (Military Police) Database System 57. Destruction of samples taken from person under section 20 and removal of their profiles from DNA (Military Police) Database System Chapter 4 Application of this Part to persons from whom samples were taken under Part 4 58. Destruction of samples taken from persons under section 22 and destruction, or removal from DNA (Military Police) Database System, of their DNA profiles Chapter 5 Miscellaneous matters relating to destruction of samples and destruction, or removal from DNA (Military Police) Database System, of DNA profiles 59. Destruction of samples and destruction or removal of DNA profiles not previously destroyed or removed from DNA (Military Police) Database System 60. Application to summary court-martial to retain certain samples and certain DNA profiles beyond retention period 61. Request to FSI or other person to destroy sample or destroy, or remove from DNA (Military Police) Database System, DNA profile 62. Circumstances in which person to be informed of destruction of sample or destruction, or removal from DNA (Military Police) Database System, of DNA profile PART 8 Offences and penalties 63. Offences and penalties 64. Admissibility of evidence in case of non-compliance by member of Military Police with this Act or regulations thereunder 65. Disclosure of information PART 9 Review of operation of Parts 6 and 7 by Minister 66. Review of operation of Parts 6 and 7 by Minister 67. Ministerial orders to change periods for destruction PART 10 68. Sample may be taken from person even if sample taken previously 69. Delegation of functions of provost marshal under this Act 70. Delegation of functions of Director of FSI 71. Statistics 72. Further provision regarding the taking of samples under this Act 73. Regulations regarding taking of samples 74. Protocols 75. Evidence of certain authorisations under this Act 76. Authorisations under this Act 77. Non-application of Act 78. Procedures that may be used for transmission of certain samples for forensic testing 79. Provisions relating to evidence in court-martial proceedings regarding certain samples 80. Service of notices 81. Code of practice PART 11 Amendment of Act of 2014 82. Amendment of section 2 of Act of 2014 (interpretation) 84. Amendment of section 72 of Act of 2014 (functions of committee) 85. Amendment of section 73 of Act of 2014 (cooperation with committee) 86. Amendment of section 109 of Act of 2014 (interpretation (Part 12)) 88. Amendment of section 114 of Act of 2014 (automated comparison of unidentified DNA profiles supplied by designated state with certain DNA profiles in DNA Database System) 90. Amendment of section 116 of Act of 2014 (automated comparison of DNA profiles in crime scene index with DNA profiles in DNA analysis files of designated state) 91. Amendment of section 118 of Act of 2014 (dactyloscopic data to which this Chapter applies) 92. Amendment of section 124 of Act of 2014 (purposes for which data may be processed) PART 12 Miscellaneous amendments 93. Amendment of section 187A of Act of 1954 (summary court-martial) 94. Amendment of Courts-Martial Appeals Act 1983 Coroners Act 1962 (No. 9) Courts-Martial Appeals Act 1983 (No. 19) Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) Criminal Justice (Forensic Evidence) Act 1990 (No. 34) Criminal Procedure Act 1993 (No. 40) Defence Act 1954 (No. 18) Dentists Act 1985 (No. 9) Explosive Substances Act 1883 (46 & 47 Vic., c. 3) Explosives Act 1875 (38 & 39 Vic., c.17) Medical Practitioners Act 2007 (No. 25) Misuse of Drugs Act 1977 (No. 12) Nurses and Midwives Act 2011 (No. 41) Official Secrets Act 1963 (No. 1) 16 2022 DEFENCE FORCES (EVIDENCE) ACT 2022 An Act to amend the law to authorise the taking of bodily samples from military persons suspected of certain offences under military law for forensic testing; to provide for the taking of certain bodily samples from military persons or other persons who volunteer to have such samples taken from them for the purpose of the investigation of offences or incidents that may have involved the commission of offences under military law; to provide for the establishment and operation by Forensic Science Ireland of the Department of Justice and Equality of a DNA (Military Police) Database System; to provide for the purposes of that System; to provide for the taking of certain bodily samples from persons suspected of certain offences under military law for the purpose of generating DNA profiles in respect of those persons to be entered in the DNA (Military Police) Database System; to provide for the taking of certain bodily samples from certain persons for elimination purposes and, where appropriate, the entry of their DNA profiles in the DNA (Military Police) Database System; to provide for the taking of bodily samples from military persons, or samples from things, for the purpose of generating DNA profiles to be entered in the DNA (Military Police) Database System; to provide for the collection and analysis of other evidence; to provide, in certain circumstances, for the destruction of evidence and samples taken under this Act and the destruction, or removal from the DNA (Military Police) Database System, of any DNA profiles generated from those samples; to amend the Defence Act 1954 , the Courts-Martial Appeals Act 1983 and the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ; and to provide for related matters. th July, Be it enacted by the Oireachtas as follows: