21AProhibited analysis of blood or oral fluid

21A Prohibited analysis of blood or oral fluid

[Section 21A Inserted by No. 38 of 2017, s. 40, Applied:03 Dec 2018]

(1)  A sample of blood or oral fluid taken according to the provisions of this Act –

(a) may only be used in relation to offences committed against this Act; and

(b) may not be used for the purposes of identification by DNA analysis.

(2)  A person is guilty of an offence if he or she intentionally or recklessly –

(a) supplies a sample of blood taken in accordance with this Act, or causes or permits a sample to be supplied, to a person for prohibited analysis; or

(b) carries out, or causes or permits to be carried out, a prohibited analysis of a sample of blood taken in accordance with this Act; or

(c) includes, or causes or permits the inclusion of, information derived from a prohibited analysis on a DNA database.

(3)  For the purposes of this section –

DNA database includes –

(a) a DNA database system within the meaning of the Forensic Procedures Act 2000 ; and

(b) a database containing DNA data that is kept under a law of this, or any other, jurisdiction; and

(c) such other database, or class of databases, as is prescribed;

prohibited analysis, in relation to a sample of blood, means analysis of the sample for a purpose other than a purpose for which the sample is permitted to be used under this Act.