S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992. (1992_si_130) | IE

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Reg. 1 S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992. Open official source

1. Name and address of the person from whom the sample to which this form relates was taken

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Reg. 2 S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992. Open official source

2. Nature of sample

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Reg. 3 S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992. Open official source

3. Garda station or prison at which sample was taken

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Reg. 4 S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992. Open official source

4. Date on and time at which sample was taken

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Reg. 5 S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992. Open official source

5. Manner in which sample was taken

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I, the undersigned, took from the person named at 1. above the sample referred to at 2. above.

Signature of member or other person concerned.

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Date: ............................................................ ............................................................ ............................................................

GIVEN under my Official Seal, this 29th day of May, 1992.

PÁDRAIG FLYNN,

Minister for Justice.

EXPLANATORY NOTE.

These regulations specify the procedures to be followed by the Garda Síochána relating to the taking of samples for forensic testing under the

Criminal Justice (Forensic Evidence) Act, 1990

.

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Preamble S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992. Open official source

S.I. No. 130 of 1992.

CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990 REGULATIONS, 1992.

I, PÁDRAIG FLYNN, Minister for Justice, in exercise of the powers conferred on me by

section 5

of the

Criminal Justice (Forensic Evidence) Act, 1990

(No. 34 of 1990), hereby make the following Regulations

1 Citation and commencement.

1.

(1) These Regulations may be cited as the

Criminal Justice (Forensic Evidence) Act, 1990

, Regulations, 1992.

(2) These Regulations shall come into operation on the 5th day of June, 1992.

2 Interpretation.

2.

(1) In these Regulations:—

"the Act of 1990" means the

Criminal Justice (Forensic Evidence) Act, 1990

(No. 34 of 1990);

"custody record" means a record kept under Regulation 6 of the

Criminal Justice Act, 1984

(Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 (

S.I. No. 119 of 1987

);

"member" means a member of the Garda Síochána;

"member in charge" has the same meaning as in Regulation 4 (1) of the

Criminal Justice Act, 1984

(Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987;

"prison record" means a record kept in a prison in respect of a person in custody in that prison;

"station" means a Garda Síochána station.

(2) In these Regulations a reference to a person signing a document shall include, in the case of a person unable to write, a reference to the person making his mark.

3 General.

3.

In carrying out their functions under these Regulations members or other persons concerned shall act with due respect for the personal rights of persons in custody and their dignity as human persons, and shall have regard for the special needs of any of them who have not attained the age of 17 years or who may be under a physical or mental disability.

4 Record of authorisation for taking of sample.

4.

Where an authorisation is given under section 2 (4) (

a

) of the Act of 1990 for the taking of a sample from a person, the member in charge shall as soon as practicable make or cause to be made an entry in the custody record or prison record, as the case may be, relating to that person of the giving of the authorisation, of the name and rank of the member who gave it and of the date and time when it was given, and the entry shall be signed by the person making it.

5 Record of information given under s. 2(6) of Act of 1990.

5.

Where a member gives to a person from whom it is proposed that a sample should be taken the information which he is required by section 2 (6) of the Act of 1990 to give to that a person, the member in charge shall as soon as practicable make or cause to be made in the custody record or prison record, as the case may be, relating to that person an entry recording the giving of the information, together with the name and rank of the member who gave it and the date and time when it was given, and the entry shall be signed by the person making it.

6 Record of consent or refusal of consent to taking of sample.

6.

Where a person whose consent to the taking of a sample is required by section 2 (4) (b) of the Act of 1990 gives or refuses his consent, the member in charge shall as soon as practicable make or cause to be made in the custody record or prison record, as the case may be, relating to the person from whom the sample is proposed to be taken an entry recording the giving or refusal of the consent, together with the date and time of the giving or refusal, and where consent is given the document containing it shall be attached to the custody record or prison record.

7 Record of sample taken.

7.

The member in charge shall as soon as practicable enter the following particulars, or cause them to be entered in the custody record or prison record, as the case may be, of the person concerned—

(i) the name of the person from whom the sample was taken;

(ii) the offence in respect of which the sample was taken;

(iii) the nature of the sample;

(iv) the name of the person who took the sample;

(v) the date and time the sample was taken and the manner in which it was taken;

and the entry shall be signed by the person making it.

8 Taking of sample from persons under 17 years of age.

8.

A sample shall not be taken from a person who has not attained the age of seventeen years, nor shall the consent of such a person to the taking of a sample be sought, except in the presence of a parent or guardian of that person.

9 Forms.

9.

(1) The forms in the Appendices to these Regulations, or forms to the like effect shall be used for the purpose of providing a record of the matters stated in the forms.

(2) When each form is signed it shall as soon as practicable be attached to the custody record or prison record relating to the person concerned.

APPENDIX A.

CRIMINAL JUSTICE (FORENSIC EVIDENCE) ACT, 1990

.

SECTION 2 (4) (

b

) AND (10) (

a

).

Consent by person aged 17 years or over to taking of sample from him.

S.I. No. 130/1992 - Criminal Justice (Forensic Evidence) Act, 1990 Regulations, 1992.

Table of Provisions (6)

Statutory Text (6 Articles)

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