{"id":1393,"date":"2021-07-19T22:01:23","date_gmt":"2021-07-19T22:01:23","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1393"},"modified":"2021-07-21T21:33:55","modified_gmt":"2021-07-21T21:33:55","slug":"forensic-evidence-ii","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/forensic-evidence-ii\/","title":{"rendered":"Forensic Evidence II"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Taking_Samples\" title=\"Taking Samples\">Taking Samples<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Entry_onto_DNA_Register\" title=\"Entry onto DNA Register\">Entry onto DNA Register<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Mass_Screening\" title=\"Mass Screening\">Mass Screening<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Samples_from_Offenders\" title=\"Samples from Offenders\">Samples from Offenders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Former_Offenders\" title=\"Former Offenders\">Former Offenders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Deceased_Persons\" title=\"Deceased Persons\">Deceased Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Use_of_Force\" title=\"Use of Force\">Use of Force<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Resampling\" title=\"Resampling\">Resampling<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Crime_Scenes\" title=\"Crime Scenes\">Crime Scenes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Tracing_Missing_Persons\" title=\"Tracing Missing Persons\">Tracing Missing Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Unknown_Persons\" title=\"Unknown Persons\">Unknown Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/forensic-evidence-ii\/#Protected_Persons\" title=\"Protected Persons\">Protected Persons<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Taking_Samples\"><\/span>Taking Samples<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions for the taking of samples in connection with investigations.\u00a0Reasonable force may be used to take samples if the person is imprisoned, in a child detention centre or other place of detention.\u00a0 It must be authorised by the governor or person in charge of the place of detention.<\/p>\n<p>There are provisions to \u00a0deal with where a mass screen of a class of persons may be conducted.\u00a0 Samples that may be taken in this context are limited to mouth swabs or head hair.<\/p>\n<p>A member of An Garda S\u00edoch\u00e1na or an authorised person may request a person voluntarily to give a sample for the purpose of generating a DNA profile in relation to the investigation of particular offences or incidents that may involve offences.\u00a0 It does not apply to persons in custody or offenders who have been sampled under other parts of legislation. An authorised person is a person authorised in writing by a member, not below the rank of Chief Superintendent.<\/p>\n<p>Before seeking consent of a volunteer, for the taking of a sample, the authorised person or member must inform the volunteer of certain matters including that he is not obliged to provide a sample.\u00a0 Consent must be in writing.\u00a0 If it is withdrawn, before taking, it is treated as a refusal.\u00a0 The refusal must be recorded in writing.<\/p>\n<p>The refusal of consent is not by itself reasonable cause to suspect the person of having committed the offence concerned for the purpose of arrest and detention or any other powers of detention.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Entry_onto_DNA_Register\"><\/span>Entry onto DNA Register<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Entry of samples taken into the DNA System will not be routine. They must be subject to the consent of the volunteer.\u00a0 This is a separate consent, to that of taking the sample.<\/p>\n<p>A member of Garda S\u00edoch\u00e1na not below the rank of Sergeant may at the time a sample is being taken from a volunteer (who is not a child or protected person) request the consent to entry.\u00a0 He must be informed of certain matters before his profile may be entered including that he is not obliged to so consent, the effect of such entry and rules regarding destruction of the sample.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mass_Screening\"><\/span>Mass Screening<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is provision for a mass screening of a class of persons defined by characteristics.\u00a0 This must be authorised by a member of the rank of Chief Superintendent or above.\u00a0 He must have reasonable grounds for believing that the mass screening of the target group is likely to further the investigation of the offence and is a reasonable and proportionate measure in the investigation of the offence.<\/p>\n<p>The mass screening may only be conducted in relation to arrestable offences i.e. those carrying a maximum sentence of five years or more.\u00a0 The target category may be marked by sex, age, kinship, geographic area, time or other matters as are appropriate to the circumstances.\u00a0 A person who comes within the target class is a volunteer and is not obliged to agree to the request to provide a sample.\u00a0 His written consent is required.<\/p>\n<p>Volunteers, they must be given information similar to that required in other circumstances under the legislation.\u00a0 Persons whose samples are part of a mass screening may not be used for the purpose of the DNA Database System.\u00a0 It must be tested and retained for the purpose of the investigation.\u00a0 Refusal of consent is not grounds for suspicion in itself for the purpose of powers of arrest.<\/p>\n<p>There is provision for the taking of samples from offenders and former offenders and from bodies of deceased persons, where there is suspected to be an offence.\u00a0 These are limited to mouth swabs and head hair in the case of persons. Hair may be used to generate a DNA profile in relation to deceased persons<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Samples_from_Offenders\"><\/span>Samples from Offenders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Samples may be taken for the purpose of generating a DNA profile for entry onto the DNA System from offenders who are subject to sentence in connection with a relevant offence \u00a0or are serving sentences of imprisonment following transfer from another State in respect of a corresponding offence.<\/p>\n<p>The sample must be taken as soon as practicable, when a person comes within the relevant category.\u00a0 \u00a0It may be taken by a prison officer following authorisation by \u00a0the prison governor. \u00a0Where the person is not in custody, it may be taken by a member of Garda S\u00edoch\u00e1na after authorisation.\u00a0 A person may be required pursuant to a notice to attend. Non-compliance is an offense. Samples may be required from offenders subject to registration under the Sex Offenders Act.<\/p>\n<p>There are specific provisions in respect of child offenders under 18.\u00a0 A sample may be taken for the purpose of generating a DNA profile for entry in the DNA database.\u00a0 They apply to children who are sentenced to detention, sentenced afterwards or transferred and offenders subject to registration under the Sex Offenders Act.<\/p>\n<p>The sample is to be taken as soon as possible after the child comes within the relevant category.\u00a0 There is provision for authorisations and for where a child is not in detention. Similar requirements for notices to attend apply in the same way as in respect of an adult offenders.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Former_Offenders\"><\/span>Former Offenders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions in relation to the manner in which former offenders may be required to provide samples for the purpose of generating a DNA profile for entry in the DNA Database System.\u00a0\u00a0 A former offender is a person who is no longer subject to sentence or in the case of a sex offender, no longer subject to the notification obligations in the Sex Offenders Act.<\/p>\n<p>A former offender is one who would have been subject to the requirements had they been in force when he was convicted etc. A person is deemed not a former offender, unless his DNA profile is not already entered on the index of the DNA database and a senior member of An Garda S\u00edoch\u00e1na or a judge of the District Court is satisfied, aving regard to a range of its factors, that it is appropriate for a sample to be taken.<\/p>\n<p>if the person is not ordinarily resident and does not have his principal place of residence in the state<\/p>\n<p>a period of 10 years has elapsed since the expiry of the last sentence for a relevant offence or \u00a0termination of notification, obligations as a sex offender.<\/p>\n<p>Where a member of An Garda S\u00edoch\u00e1na above the rank of Superintendent is satisfied in relation to a former offender that it is in the interest of the protection of society and desirable for the purpose of assisting in the investigation of offences, do have a sample taken from the person, he may authorise the taking.<\/p>\n<p>Where it is given, a member may request the former offender to attend at a station.\u00a0 The person is put on notice that if he does not attend, an application may be made for an order for his arrest without further notice.\u00a0\u00a0 Failure to comply is a criminal offence.\u00a0 An application may be made to the District Court by a member not below the rank of Superintendent.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Deceased_Persons\"><\/span>Deceased Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A sample may be taken from the body of a deceased person for the purpose of generating a DNA profile for entry onto the database.\u00a0 There must be reasonable grounds for suspecting that the person has committed a relevant offence prior to his death and that the taking of the sample will further the investigation.\u00a0 It must be authorised by a District Court judge.<\/p>\n<p>The sample is to be taken by a registered medical practitioner or other prescribed persons.\u00a0 The\u00a0 profile entered may be compared with other profiles in the index and profiles contained in the crimes scene index.\u00a0 Once the exercise has been completed, the profile must be removed from the system and the sample destroyed unless the member in charge is satisfied that it should be retained for the purpose of that investigation.\u00a0 Exhumation is not authorised under this provision.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Use_of_Force\"><\/span>Use of Force<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Reasonable force may be used under the mandatory provisions for the purpose of taking samples. This may occur where a person is in prison, children\u2019s detention school or other place of detention.\u00a0 It must be authorised by the governor or the director of the detention centre.<\/p>\n<p>The person must be informed in advance of the intention to use reasonable force and that the necessary authorisation has been given.\u00a0 The use of force must be authorised by the governor or director. The taking of the sample with the use of reasonable force must be recorded by electronic means.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Resampling\"><\/span>Resampling<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions where samples taken \u00a0may be required to be retaken where they are insufficient.\u00a0 There are different provisions, where the insufficiency becomes apparent within one hour or later in the case of persons within prisons or places of detention.\u00a0 Fresh authorisation is otherwise required.<\/p>\n<p>In the case of persons who are not imprisoned, or in detention, etc. an authorisation may be given for resampling.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Crime_Scenes\"><\/span>Crime Scenes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Part 5 of the Act allows for taking of samples from persons who are at risk of inadvertently contaminating crime scenes in the course of their duties and for entry of their DNA profiles onto the register in one of the three elimination indexes of the Database System.<\/p>\n<p>It provides for taking of samples from members of An Garda S\u00edoch\u00e1na and the Garda S\u00edoch\u00e1na Ombudsmen Commission and civilians involved in crime scene investigation.\u00a0 There are procedures for taking samples.\u00a0 Different provisions apply for those personnel employed at the commencement of the legilsaiton and those later employed.<\/p>\n<p>There is provision for prescribing of categories of persons who are in risk of contaminating crime scenes.\u00a0 The Minister may prescribe persons including members of State Pathologist Office, Ombudsmen\u2019s Commission and other persons as he considers appropriate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Tracing_Missing_Persons\"><\/span>Tracing Missing Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Part 6 provides for \u00a0the taking of samples in relation to missing persons, from seriously ill or severely injured persons who are unable to identify themselves and from unknown deceased persons for the purpose of entry on the DNA profiles in the missing and unknown persons index of the DNA Database System.<\/p>\n<p>A sample may be taken in relation to a person from clothing or belongings of a missing person or blood relative for the purpose of the DNA Database System.\u00a0 It may be taken if a member of an Garda S\u00edoch\u00e1na of the rank of Inspector or above, is satisfied that the circumstances of the disappearance so require or that following natural or other disaster, one or more persons are missing.<\/p>\n<p>Authorisation is required by the Inspector for taking of the sample.\u00a0 The authorisation may only be given if the officer believes that the taking of the sample and the entry of the related DNA profile in the missing and unknown persons index of DNA database may assist in finding or identifying the missing person.<\/p>\n<p>The blood relative must consent.\u00a0 They must be given certain information.\u00a0 They may withdraw the consent.A sample is limited to a mouth swab or plucked head hair.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unknown_Persons\"><\/span>Unknown Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions for taking samples from persons who are seriously ill or injured who cannot identify themselves.\u00a0 High Court authorisation is required.\u00a0 A medical practitioner must certify that the person is so suffering and is unable to identify himself and this is likely to endure for a prolonged period.<\/p>\n<p>In the case of unknown deceased persons, a coroner to whom the death is reportable may authorise the taking of the sample for the purpose of the missing and unknown persons index on the DNA Database System where he or she has reason tto believe hat such course of action may assist in identifying the person.<\/p>\n<p>The above provisions are not intended to limit any other enactment relating to the exercise of the powers and functions of An Garda S\u00edoch\u00e1na.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Protected_Persons\"><\/span>Protected Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are special provisions for taking samples from protected persons, i.e., vulnerable persons and children and in the case of missing and unknown persons. In the case of children and protected persons, the explanation must be given in \u00a0language, which they can understand.<\/p>\n<p>In the case of children or protected persons, the consent of another, usually a parent or guardian in the case of children, is required.\u00a0 Where the consent of relevant persons cannot be obtained, an order on foot of an application may be made by the District Court, authorising the taking of the sample. \u00a0There are equivalent provisions in respect of protected persons.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1393\" data-postid=\"1393\" class=\"themify_builder_content themify_builder_content-1393 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Taking Samples There are provisions for the taking of samples in connection with investigations.\u00a0Reasonable force may be used to take samples if the person is imprisoned, in a child detention centre or other place of detention.\u00a0 It must be authorised by the governor or person in charge of the place of detention. There are provisions [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[69],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1393"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1393"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1393\/revisions"}],"predecessor-version":[{"id":1427,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1393\/revisions\/1427"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1393"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1393"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1393"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}