Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010
The Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010 (as examined previously by Yvonne) was debated at second stage yesterday and referred to the Select Committee.
The Bill provides for the taking of various categories of samples, both for purposes of establishing or ruling out involvement in the commission of a specific offence, and for the creation of DNA profiles to be kept on the newly established statutory DNA database.
As regards taking DNA samples from arrestees, the Bill limits the range of relevant offences to serious crimes, such as firearms offences, and those which have a minimum punishment of five years. Thus, the proposed Irish approach to sampling in terms of its scope complies with and in fact surpasses the demands of the Grand Chamber in S. and Marper v UK which found the English scheme of blanket sampling and retention of DNA from arrestees for any recordable offence to be in breach of Article 8.
Moreover, the power under the Bill to take a sample from a detainee for the reference index of the Database does not apply to children below the age of 14, again indicating that the drafters are treading cautiously due to the statement in S. and Marper that that the retention of unconvicted persons’ data may be especially harmful in the case of minors “given their special situation and the importance of their development and integration in society”.
However, the procedures in Part 10 concerning the destruction of samples and profiles and the removal of profiles from the Database ought to be revised. The “default destruction period” for samples taken from detainees or offenders in the context of investigations is three years from the taking of the sample, and the same period applies to evidential samples when proceedings are not instituted, or after acquittal or discharge. However, these default destruction periods may be extended by the District Court. The equivalent Scottish law, as cited in S. and Marper, permits a similar extension by the Sheriff Court but for two years only (Criminal Procedure (Scotland) Act 1995, s. 18A), and a similar limiting qualification should be added to the Irish Bill.