Forensic Science
Ireland Code of
Practice
as per Section 157
Criminal Justice
(Forensic Evidence
and DNA Database
System) Act, 2014
TABLE OF CONTENTS
DNA DATABASE SYSTEM…………………………………………..
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OVERVIEW OF THE DNA DATABASE SYSTEM…………………..
The Investigation Division explained……………………………………
The Identification Division explained…………………………………...
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PART 1 ELIMINATION SAMPLES ………………………………..
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Section 43– Taking of samples from members of staff of FSI for
Elimination Index……………………………………………………….
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Section 44– Taking of samples from other persons (visitors to FSI) for
Elimination Index………………………………………………………..
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Section 46- Direction from Director of FSI for sample to be taken for
elimination purposes ……………………………………………………
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PART 2- ROLES AND FUNCTIONS OF DIRECTOR OF FSI……
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Part 3 -DNA FORMS……………………………………………………
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DNA Form 43(1) …………………………………………………………
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Form of consent for taking of samples from members of staff of
Forensic Science Ireland for (Forensic Science Ireland) Elimination Index
DNA Form 43(2) …………………………………………………………
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Form of consent for entry of a profile generated from sample from a member
of Forensic Science Ireland (FSI) prior to commencement, on
(Forensic Science Ireland) Elimination Index
DNA Form 44(1) …………………………………………………………
Form of consent for taking of samples from visitors to
Forensic Science Ireland for (Prescribed Persons/Other) Elimination Index
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DNA Database System
The DNA Database System shall be used in the investigation and prosecution of
criminal offences. It will also be utilised in finding or identifying missing persons, the
identification of seriously ill or severely injured persons who are unable by reason of
the illness or injury to indicate their identity and in the identification of the bodies of
unknown deceased.
Overview of The DNA Database System
The database system is comprised of two divisions –
1. The Investigation Division which shall contain:
a. the Crime Scene Index
b. the Reference Index
c. the Elimination (Garda Síochána) Index
d. the Elimination (Garda Crime Scene Investigators) Index
e. the Elimination (Forensic Science Ireland (FSI)) Index
f.
the Elimination (Garda Síochána Ombudsman Commission
(GSOC)) Index
g. the Elimination (prescribed persons/other) Index
2. The Identification Division which shall contain the missing and unknown
persons index of DNA profiles and information that may be used to identify or
describe the person from whose biological material each DNA profile was
generated. In the case of the DNA profile of a blood relative of a missing person
that is entered in that index, it may be used to associate that DNA profile with
the missing person.
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DNA Database System
Investigation
Division
Identification
Division
a. Crime Scene
b. Reference
c.-g Elimination
c. Garda
d. Garda
Crime Scene
Investigators
Síochána
e. Forensic
Science
Ireland
f. Garda
Síochána
Ombudsman
Commission
g. Prescribed
Persons/
Other
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Section 68 of the Act specifies the rules in accordance with which a DNA profile entered
in an index may be compared to another profile in either that index or in another index.
Additional protocols drawn up by the Director of FSI in consultation with the
Commissioner of An Garda Siochána and the Commissioner of the Garda Siochána
Ombudsman Commission set out the circumstances under which it is necessary for
DNA profiles entered in the specific elimination indexes are compared with DNA
profiles entered in the crime scene index.
The Investigation Division explained:
The Investigation Division shall contain the following seven indexes:

The Crime Scene Index shall comprise of the DNA profiles of persons generated
from samples of biological material found at or recovered from a crime scene.

The Reference Index shall comprise of the DNA profiles of persons generated
from samples taken under Sections 11, 12, 13, 31, 32, 34 & 35 of the Criminal
Justice (Forensic Evidence and DNA Database System) Act 2014. Samples taken
under Section 27 may, subject to the consent of the volunteer, also be entered into
the Reference Index.

The Elimination (Garda Síochána) Index shall comprise of the DNA profiles of
persons generated from samples of members of An Garda Síochána in relation to
the investigation of offences, for the purpose of ascertaining if the member has
contaminated a crime scene sample. Profiles generated from these samples will
be entered into the Elimination (Garda Síochána) Index of the DNA Database
System. Section 41 of the Act provides for the taking of samples from members,
reserve members, and trainee members / reserve members. Persons who are
appointed as members of An Garda Síochána or who are admitted to training for
membership of An Garda Síochána after the commencement of Section 41 of the
Act will be obliged to provide a sample in order to generate a DNA profile on the
Elimination Index of the DNA Database System.
For more information on the Elimination (Garda Síochána) Index see Section 41 of
the Act.
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
The Elimination (Crime Scene Investigators) Index shall comprise of the DNA
profiles generated from samples of persons who are assigned to duties relating to
the investigation or technical examination of crime scenes (or anything found or
recovered from crime scenes) in relation to the investigation of offences, for the
purpose of ascertaining if the member has contaminated a crime scene sample.
Profiles generated from these samples will only be entered into the Elimination
(Crime Scene Investigators) Index of the DNA Database System.
For further information on this Index see Section 42 of the Act.

The Elimination (Forensic Science Ireland) Index shall comprise of the DNA
profiles of persons generated from samples of members of the staff of Forensic
Science Ireland (FSI), for the purpose, in relation to the investigation of offences,
of ascertaining whether that member of staff has contaminated a crime scene
sample. Profiles generated from these samples will be entered into the Elimination
(Forensic Science Ireland) Index of the DNA Database System. Section 43 of the
Act provides for the taking of samples from members of staff. Persons who are
appointed as members of Forensic Science Ireland after the commencement of
Section 43 of the Act will be obliged to provide a sample in order to generate a
DNA profile on the Elimination Index of the DNA Database System.
For more information on the Elimination (Forensic Science Ireland) Index see
Section 43 of the Act
The Elimination (Garda Síochána Ombudsman Commission) Index shall
comprise of the DNA profiles of persons generated from samples of members of
An Garda Síochána Ombudsman Commission in relation to the investigation of
offences, for the purpose of ascertaining if the member has contaminated a crime
scene sample. Profiles generated from these samples will be entered into the
Elimination (Garda Siochána Ombudsman Commission) Index of the DNA
Database System. Section 44 of the Act provides for the taking of samples from
members of An Garda Síochána Ombudsman Commission.
For more information on the Elimination (Garda Síochána Ombudsman
Commission) Index see Section 44 of the Act and the Criminal Justice (Forensic
Evidence and DNA Database System) Act 2014 (Section 44) Regulations 2015
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
The Elimination (Prescribed Persons/Other) Index shall comprise of the DNA
profiles generated from samples taken from the following persons whom the
Minister for Justice considers appropriate:
(a)
officers who are assigned to perform duties in the State Pathologists
Office;
(b)
other persons or class of persons who, by reason of the functions or
tasks performed or carried out by them, may inadvertently contaminate
crime scene samples. This will include persons entering the laboratory
space of Forensic Science Ireland.
Such samples will only be taken for the purpose of generating a DNA profile in
respect of the prescribed person, in relation to the investigation of offences, in
order to ascertain if that person has contaminated a crime scene sample.
For more information on the Elimination (Prescribed Persons/Other) Index see
Section 44 of the Act and the Criminal Justice (Forensic Evidence and DNA
Database System) Act 2014 (Section 44) Regulations 2015
The Identification Division explained:
The Identification Division of the DNA Database System will comprise of the missing
and unknown persons index of DNA profiles and information that may be used to:
(a) identify / describe a person from whose biological material a DNA profile was
generated (pursuant to Sections 48, 49 & 50 of the Act) and;
(b) associate that DNA profile with a missing person where the DNA profile of a
blood relative of that missing person is entered in the index.
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Part 1 - Elimination
Samples
Section 43– Taking of Samples from members of staff of FSI for
Elimination (Forensic Science Ireland) Index
Legislation:
Section 43 provides for the taking of samples from members of the staff of Forensic
Science Ireland (FSI), for the purpose, in relation to the investigation of offences, of
ascertaining whether that member of staff has contaminated a crime scene sample.
The section distinguishes between existing members of staff and members of staff who
are appointed after the commencement of this Section. Staff members who are
appointed after the commencement of this Section shall be required to provide a
sample in order to generate a DNA profile on the elimination (Forensic Science Ireland)
index of the DNA Database System. Before a sample is taken from existing staff
members upon the commencement of this Section, written consent is required.
Code of Practice:

Staff member is identified as existing staff member (upon commencement of
this Section) - or as staff member upon commencement of this Section.

If applicable, obtain written consent from member.
>> DNA Form 43(1) refers <<

Authorised person taking the sample shall inform the person concerned of the
following before the sample is taken as per Section 43(4) –
i.
that the sample is to be taken from him / her under Section 43;
ii. that if the sample is insufficient or inadequately labelled or if the Director
of FSI deems it necessary (as per Section 47), a second or further
sample can be taken;
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iii. that the sample will be used to generate a DNA profile that will be
entered onto the Elimination (Forensic Science Ireland) Index of the
DNA Database System and the effect of that entry;
iv. that the sample shall be destroyed and that the DNA profile that has
been entered in to the Elimination (Forensic Science Ireland) Index will
be destroyed in accordance with Part 10 of the Act.

If a sample was taken from existing personnel prior to the commencement of
this Section in relation to the investigation of a crime to ascertain if that person
contaminated a crime scene, any DNA profile generated from it may be
regarded as if it were a profile obtained under this Section. This can only
happen if –
>> DNA Form 43(2) refers <<
i.
the person concerned consents in writing and,
ii. before consent is obtained the person concerned shall be informed of
the necessary information as per Section 43(iv) (see above).
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Section 44– Taking of Samples from other persons (visitors to FSI)_for
Elimination (Prescribed Persons/Others) Index
Legislation:
Section 44 of the Act and the Criminal Justice (Forensic Evidence and DNA
Database System) Act 2014 (Section 44) Regulations 2015 provides for the taking of
samples from such other persons, or class of persons, as the Minister considers
appropriate to prescribe who, by reason of their functions or tasks performed or
carried out by them, may inadvertently contaminate crime scene samples.
After the commencement of this Section all visitors to FSI shall be required to provide
a sample in order to generate a DNA profile on the elimination (Prescribed
Persons/Other) index of the DNA Database System.
Code of Practice:

Any person outside of staff members entering the laboratory space at Forensic
Science Ireland is classified as a visitor.

Written consent is obtained from visitor.
>> DNA Form 44(1) refers <<

Authorised person taking the sample shall inform the person concerned of the
following before the sample is taken–
i
that the sample is to be taken from him / her under Section 44 and the
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
(Section 44) Regulations 2015;
ii
that if the sample is insufficient or inadequately labelled or if the Director
of FSI deems it necessary, a second or further sample can be taken under
the Criminal Justice (Forensic Evidence and DNA Database System) Act
2014 (Section 44) Regulations 2015;
iii. that the sample will be used to generate a DNA profile that will be
entered onto the Elimination (Prescribed Persons/Other) Index of the
DNA Database System and the effect of that entry;
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iv. that the sample shall be destroyed and that the DNA profile that has
been entered in to the Elimination (Forensic Science Ireland) Index will
be destroyed in accordance with Part 10 of the Act.
Section 46– Direction from Director of FSI for a sample to be taken for
elimination purposes
Legislation:
Under Section 46 of the Act, the Director of FSI may direct certain persons to provide
a sample in relation to the investigation of a particular investigation to ascertain if that
person has contaminated a crime scene sample.
A direction may be given by the Director in this regard to
(a) a staff member (other than those who are required to give a sample under
Section 43(2) of the Act).
In other words, the Director may direct those persons who are not statutorily required
to provide a sample under the Act (i.e. those who may provide a sample with consent)
if he / she has good reason to believe that the person has contaminated a crime scene.
Code of Practice:

Any direction given by the Director under Section 46 shall be in writing, a copy
of which shall be given to the person to whom it relates.

When taking a sample that has been directed under Section 46, the authorised
person taking it shall inform the person concerned of the following:
i
that the sample is being taken pursuant to a direction from the Director,
ii
in the case in which a sample has already been taken under Section 46 that if
the sample is insufficient or inadequately labelled or if the Director of FSI deems
it necessary (as per Section 47), a second or further sample can be taken;
iii that the sample will be used to generate a DNA profile for the purpose of
ascertaining whether he / she has contaminated the crime scene sample
concerned; and
iv that the sample and DNA profile will be destroyed in accordance with Part 10
of the Act.
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Roles & Functions of
Director of FSI
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Section 67 of the Act sets out the functions of Director of FSI in relation to the
DNA Database
(1) The Director of FSI shall establish and operate the DNA Database System in
accordance with the Act.
(2) The Director of FSI shall perform, or cause to be performed, the following
functions in relation to the DNA Database System:
(a) the generation of DNA profiles from the samples taken under the Act;
(b) if appropriate, the entry of the DNA profiles generated in the appropriate division
and index of the System;
(c) the searching of the System in accordance with section 68 to ascertain whether
there is a match between two DNA profiles in the System;
(d) the reporting to the Garda Síochána, the Ombudsman Commission or a coroner,
as may be appropriate, the results of searches of the System;
(e) the automated searching for, or automated comparison of certain DNA profiles in
the System with other DNA profiles in accordance with Chapter 2 of Part 12;
(f) where appropriate, the making available of certain DNA profiles in the System
for transmission or provision to a person or body under section 4;
(g) the entry in or transmission from the System of DNA profiles under Chapter 7 of
Part 12;
(h) the destruction of samples taken under this Act in accordance with Part 10;
(i) the removal of DNA profiles from the System in accordance with Part 10 or for
the purpose of the administration of the System;
(j) the maintenance of the security of the DNA profiles and information in the
System in accordance with this Act.
(3) Subject to subsection (4), the Director of FSI may make such arrangements,
including
contractual arrangements, as he or she considers appropriate with such other
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laboratories (whether within or outside the State) for the performance of the function
under subsection (2)(a) or the performance of that function in any particular case or
class of cases.
(4) Arrangements under subsection (3) shall be subject to compliance with the
requirements of this Act and such terms and conditions as may be agreed.
Director of FSI Roles and Functions arising out of the Criminal Justice
(Forensic Evidence and DNA Database System) Act 2014
Section
2
Relevance to Director of FSI
[Section 2(1)]
Definition of ‘Director’ under the Act
[Section 3(10)]
3
The Director shall ensure that when removal of a DNA profile is required under
Part 10 that the DNA Database System is altered so that it is no longer possible
to identify the person to whom the DNA profile relates
[Section 3(11)(a) & 3(11)(b)]
3
The Director shall retain records to show that Sections 97 and 98 have been
complied with
[Section 46(1) & 46(3)]
46
If the Director believes that a member of staff of FSI has contaminated a crime
scene he/she can direct that person to provide a sample. Such direction should
be given in writing
[Section 47(2)]
47
If a sample taken under Section 43 or 46 is insufficient or inadequately labelled
the Director can direct that a second sample be taken
[Section 68(a) & 68(b)]
68
The Director of Forensic Science Ireland, following consultation with the
Commissioner, may, for the purposes of subsection (4)(b) and (5)(b), give a
general direction in writing regarding the circumstances in which it is necessary
for DNA profiles entered in the elimination (crime scene investigators) index of
the DNA Database System to be compared with DNA profiles entered in the
crime scene index of that System
Section 70)
70
73
Director of FSI shall as soon as may be, but not later than 4 months, after the
end of each year make a report in writing to the Minister regarding the
performance by him or her of the functions assigned to him or her by the Act
during that year.
Section 73(1) and (2)
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The Director and other members of FSI will cooperated with the oversight
Committee and will furnish it with such information that it may request
[Section 88(6 and 7)]
88
At the end of each year, the Director of FSI shall carry out a review to
determine whether any of the DNA profiles in respect of members
referred to in subsection (5) shall be removed from the DNA Database
System.
The Director of FSI shall inform by notice in writing a person from whom
a sample was taken under section 41 or 42—
(a) if a direction is given by the Director under subsection (5) in relation
to the DNA profile in respect of the person, and
(b) if appropriate, of a determination under subsection (6) in relation to
the DNA profile in respect of the person.
[Section 89(6 and 7)]
89
At the end of each year, the Director of FSI shall carry out a review to
determine whether any of the DNA profiles in respect of members of the
staff of FSI referred to in subsection (5) shall be removed from the DNA
Database System.
The Director of FSI shall inform by notice in writing a person from whom
a sample was taken under section 43—
(a) if a direction is given by the Director under subsection (5) in relation
to the DNA profile in respect of the person, and
(b) if appropriate, of a determination under subsection (6) in relation to
the DNA profile in respect of the person.
[Section 90(6 and 7)]
90
At the end of each year, the Director of FSI shall carry out a review to
determine whether any of the DNA profiles in respect of persons referred
to in subsection (5) shall be removed from the DNA Database System.
The Director of FSI shall inform by notice in writing a prescribed person
from whom a sample was taken under section 44—
(a) if a direction is given by the Director under subsection (5) in relation
to the DNA profile in respect of the person, and
(b) if appropriate, of a determination under subsection (6) in relation to
the DNA profile in respect of the person.
[Section 91(4)]
91
154
The Director of FSI in the case of a person from whom a sample was taken
under section 46 shall inform the person by notice in writing if a direction is
given by the Commissioner or the Director, as the case may be, under
subsection (2) in relation to the DNA profile in respect of the person.
[Section 154(1)]
The Director may, in writing, delegate any of his or her functions under this Act
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DNA Forms
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DNA Form 43(1)
Criminal Justice (Forensic Evidence and DNA Database System) Act
2014
Form of consent for taking of samples from members of staff of Forensic
Science Ireland for (Forensic Science Ireland) Elimination Index
Section 43 (3): Consent to the taking of a sample from members of staff of
Forensic Science Ireland for (Forensic Science Ireland) Elimination Index
I,
, (member of staff), on the
(date), do hereby freely consent to permit a Person authorised by the
Director of Forensic Science Ireland to take, or cause to be taken, from me a
sample for the purpose of the generation of a DNA profile in respect of me to
be entered in the Elimination Index of the DNA Database System. The purpose
of providing this sample is to assist, relating to the investigation of offences, in
ascertaining whether or not I have contaminated a crime scene sample.
I have been informed that:
(a) the sample is to be taken under this section;
(b) in a case in which a sample already taken under this section has proved
to be insufficient or was inadequately labelled or for any other reason
mentioned in section 47(2) a second or further sample under this section
can be taken
(c) that the sample will be used to generate a DNA profile in respect of staff
for the purpose of ascertaining whether he or she has contaminated the
crime scene sample concerned;
(d) that the DNA profile will be entered in the (Forensic Science Ireland)
elimination index of the DNA Database System
(d) that the sample shall be destroyed and the DNA profile in respect of the
member of staff will be destroyed in accordance with part 10.
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Signed:
Date:
* Consent only applies to members of Forensic Science Ireland appointed
prior to commencement of this section
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DNA Form 43(2),
Criminal Justice (Forensic Evidence and DNA Database System) Act
2014
Form of consent for entry of a profile generated from sample from a
member of Forensic Science Ireland prior to commencement, in the
(Forensic Science Ireland) Elimination Index
Section 43 (6):
Consent to the entry of a profile generated from a sample
taken
from
members
of
staff
of
FSI,
prior
to
commencement, to (Forensic Science Ireland) Elimination
Index
I,
, (member of staff), on the
_______________date), do hereby freely consent to permit the entry of a
profile generated from a sample taken from me prior to commencement of the
Act, on (Forensic Science Ireland) Elimination Index. The purpose of providing
this sample is to assist, relating to the investigation of offences, in ascertaining
whether or not I have contaminated a crime scene sample.
I have been informed that:
(a) the sample taken shall be regarded as a sample taken under section 43
and the DNA profile generated shall be entered in the elimination
(Forensic Science Ireland) index of the DNA Database System and the
effect of such an entry;
(b) the sample will be destroyed, and the DNA profile entered in the
(Forensic Science Ireland) elimination
index of the DNA Database
System will be removed from that System, in accordance with Part 10
Signed:
Date:
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DNA Form 44(1)
Criminal Justice (Forensic Evidence and DNA Database System) Act
2014
Form of consent for taking of samples from visitors to Forensic Science
Ireland for (Prescribed Persons/Other) Elimination Index
Section 44 and section 44 regulations 2015: Consent to the taking of a sample
from visitors to Forensic Science Ireland for (Prescribed Persons/Other)
Elimination Index
I,
, (visitor to FSI), on the
(date), do hereby freely consent to permit a Person authorised by the
Director of Forensic Science Ireland to take, or cause to be taken, from me a
sample for the purpose of the generation of a DNA profile in respect of me to
be entered in the Elimination Index of the DNA Database System. The purpose
of providing this sample is to assist, relating to the investigation of offences, in
ascertaining whether or not I have contaminated a crime scene sample.
I have been informed that:
(a) the sample is to be taken under section 44 of the Act and section 44
Regulations 2015;
(b) in a case in which a sample already taken under these regulations has
proved to be insufficient or was inadequately labelled or, for any other
reason the Director of FSI considers that it is necessary that a second or
further such sample is required to be taken, that the second or further
sample is retaken according to the section 44 regulations 2015;
(c) that the sample will be used to generate a DNA profile in respect of the
visitor for the purpose of ascertaining whether he or she has
contaminated the crime scene sample concerned;
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(d) that the DNA profile will be entered in the (Prescribed Persons/Other)
elimination index of the DNA Database System
(e) that the sample shall be destroyed and the DNA profile in respect of the
visitor will be destroyed in accordance with part 10.
Signed:
Date:
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BLANK
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