DNA database provided for in McDowell Bill

The Minister for Justice, Mr McDowell, has announced plans to give the gardaí powers to take DNA samples from criminal suspects…

The Minister for Justice, Mr McDowell, has announced plans to give the gardaí powers to take DNA samples from criminal suspects without their consent.

It is one of a range of measures aimed at strengthening Garda powers, including the extension of the maximum detention period for crime suspects from 12 to 24 hours, contained in the Criminal Justice Bill (2003).

The Bill also allows for the creation of a DNA database and gives gardaí the power to use reasonable force when taking samples.

Mr McDowell said DNA profiling was an important tool in the fight against crime and had already assisted in the detection of more than 500 offences which would not have been solved otherwise.

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He said the proposals would be drawn up having regard to Constitutional requirements and the European Convention on Human Rights.

"I believe the time has come for us to ensure that we can make as extensive a use as possible of the DNA technique by ensuring the gardaí have available to them a comprehensive DNA databank for use in the investigation of serious crime," Mr McDowell said.

Gardaí will also be able to extend the time they can preserve the scene of a crime for forensic examination.

The Bill also proposes to allow senior members of the Garda to issue a search warrant in "exceptional circumstances".

The Director of Public Prosecutions would also be given greater powers to appeal the leniency of sentences handed down by the courts.

The plans to increase the detention period for suspects of crimes carrying sentences of more than five years from 12 to 24 hours will replace the existing provision in the Criminal Justice Act of 1984.

Gardaí would require the written sanction of a senior officer when seeking an extension in the detention period of a suspect, and this officer would be obliged to state that there is good reason to do so.

Gardaí are already empowered under current legislation to detain certain suspects in the investigation of serious drug-related crime for up to seven days.

A suspect held under the Offences Against the State Act can be detained for up to 72 hours.

This includes an initial detention period of 48 hours, which can be extended for 24 hours on foot of a court order.

The Minister said he had already submitted the proposal to the Joint Oireachtas Committee on Justice and to the Human Rights Commission and his officials would carefully examine any proposals submitted.

The Minister added that it was important to take into account the rights of the individual while, at the same time, ensuring that those operating the criminal justice system are given the necessary mechanisms to tackle serious crime.

The range of measures to strengthen Garda powers were agreed by the Cabinet during the summer and the Bill is expected to be introduced in the Dáil this autumn.