Search Legislation

The Police and Criminal Evidence (Northern Ireland) Order 1989

Changes to legislation:

The Police and Criminal Evidence (Northern Ireland) Order 1989 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.General interpretation

  3. PART II POWERS TO STOP AND SEARCH

    1. 3.Power of constable to stop and search persons, vehicles etc.

    2. 4.Provisions relating to search under Article 3 and other powers

    3. 5.Duty to make records concerning searches

    4. 6.Road checks

    5. 7.Reports of recorded searches and of road checks

    6. 8.Statutory undertakers etc.

    7. 9.Part II—supplementary

  4. PART III POWERS OF ENTRY, SEARCH AND SEIZURE

    1. Search warrants

      1. 10.Power of justice of the peace to authorise entry and search of premises

      2. 11.Special provisions as to access

      3. 12.Meaning of “items subject to legal privilege”

      4. 13.Meaning of “excluded material”

      5. 14.Meaning of “personal records”

      6. 15.Meaning of “journalistic material”

      7. 16.Meaning of “special procedure material”

      8. 17.Search warrants—safeguards

      9. 18.Execution of warrants

    2. Entry and search without search warrant

      1. 19.Entry for purpose of arrest etc.

      2. 20.Entry and search after arrest

    3. Seizure etc.

      1. 21.General power of seizure etc.

      2. 22.Extension of powers of seizure to computerised information

      3. 23.Access and copying

      4. 24.Retention

    4. Supplementary

      1. 25.Meaning of “premises” etc.

  5. PART IV ARREST

    1. 26.Arrest without warrant: constables

    2. 26A.Arrest without warrant: other persons

    3. 27.General arrest conditions

    4. 28.Repeal of statutory powers of arrest without warrant or order

    5. 29.Fingerprinting of certain offenders

    6. 30.Information to be given on arrest

    7. 31.Voluntary attendance at police station etc.

    8. 32.Arrest elsewhere than at police station

    9. 32A.Bail elsewhere than at police station

    10. 32B.Bail under Article 32A: notices

    11. 32C.Bail under Article 32A: supplemental

    12. 32D.Failure to answer to bail under Article 32A

    13. 33.Arrest for further offence

    14. 34.Search upon arrest

  6. PART V DETENTION

    1. Detention—conditions and duration

      1. 35.Limitations on police detention

      2. 36.Designated police stations

      3. 37.Custody officers at police stations

      4. 38.Duties of custody officer before charge

      5. 39.Duties of custody officer after charge

      6. 40.Responsibilities in relation to persons detained

      7. 41.Review of police detention

      8. 41A.Use of telephone for review under Article 41

      9. 42.Limits on period of detention without charge

      10. 43.Authorisation of continued detention

      11. 44.Warrants of further detention

      12. 45.Extension of warrants of further detention

      13. 46.Detention before charge—supplementary

      14. 46A.Use of video-conferencing facilities for decisions about detention

    2. Detention—miscellaneous

      1. 47.Detention after charge

      2. 47A.Power of arrest for failure to answer to police bail

      3. 48.Bail after arrest

      4. 48A.Forfeiture of security

      5. 49.Police detention to count towards custodial sentence

      6. 50.Records of detention

      7. 51.Savings

      8. 52.Children

  7. PART VI QUESTIONING AND TREATMENT OF PERSONS BY POLICE

    1. 53.Interpretation of Part VI

    2. 53A.“Qualifying offence” etc

    3. 54.Abolition of certain powers of constables to search persons

    4. 55.Searches of detained persons

    5. 55A.Searches and examination to ascertain identity

    6. 56.Intimate searches

    7. 56A.X-rays and ultrasound scans

    8. 57.Right to have someone informed when arrested

    9. Art. 58 rep. by 1998 NI 9

    10. 59.Access to legal advice

    11. 60.Tape‐recording of interviews

    12. 60A.Video recording of interviews

    13. 61.Fingerprinting

    14. 61A.Impressions of footwear

    15. 62.Intimate samples

    16. 63.Other samples

    17. 63A.Fingerprints and samples: supplementary provisions

    18. 64.Destruction of fingerprints and samples

    19. 64ZA.Destruction of samples

    20. 64ZB.Destruction of data given voluntarily

    21. 64ZC.Destruction of data relating to a person subject to a control order

    22. 64ZD.Destruction of data relating to persons not convicted

    23. 64ZE.Destruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences

    24. 64ZF.Destruction of data relating to persons under 16 not convicted: qualifying offences

    25. 64ZG.Destruction of data relating to persons aged 16 or 17 not convicted: qualifying offences

    26. 64ZH.Destruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence

    27. 64ZI.Articles 64ZB to 64ZH: supplementary provision

    28. 64ZJ.Destruction of fingerprints taken under Article 61(6A)

    29. 64ZK.Retention for purposes of national security

    30. 64ZL.Retention with consent

    31. 64ZM.Destruction of copies, and notification of destruction

    32. 64ZN.Use of retained material

    33. 64A.Photographing of suspects etc.

  8. PART VII CODES OF PRACTICE—GENERAL

    1. 65.Codes of practice

    2. 66.Codes of practice—supplementary

  9. PART VIII DOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS

    1. 67.Interpretation of Part VIII

    2. Art. 68 rep. by 1999 NI 8

    3. 69.Microfilm copies

  10. PART IX EVIDENCE IN CRIMINAL PROCEEDINGS—GENERAL

    1. 70.Interpretation of Part IX

    2. Convictions and acquittals

      1. 71.Proof of convictions and acquittals

      2. 72.Conviction as evidence of commission of offence

      3. 73.Provisions supplementary to Article 72

    3. Confessions

      1. 74.Confessions

      2. 74A.Confessions may be given in evidence for co-accused

      3. 75.Confessions by mentally handicapped persons

    4. Miscellaneous

      1. 76.Exclusion of unfair evidence

      2. 77.Time for taking accused's evidence

      3. 78.Abolition of right of accused to make unsworn statement

      4. 79.Competence and compellability of accused's spouse or civil partner

      5. 79A. Rule where accused’s spouse or civil partner not compellable

      6. 80.Advance notice of expert evidence in Crown Court

      7. 80A.Evidence through live links

      8. 81.Evidence through television links

      9. 81A.Video recordings of testimony from child witnesses

      10. Art. 81B rep. by 1999 NI 8

  11. PART X POLICE—GENERAL

    1. Arts. 82‐83 rep. by 1998 c. 32

    2. 84.Police officers performing duties of higher rank

  12. PART XI MISCELLANEOUS AND SUPPLEMENTARY

    1. 85. Application of Order to Revenue and Customs

    2. Article 86—Amendments

    3. 87.Meaning of “serious arrestable offence”

    4. 88.Power of constable to use reasonable force

    5. 89.Orders and regulations

    6. 90.Amendments and repeals

  13. SCHEDULES

    1. SCHEDULE 1

      SPECIAL PROCEDURE

      1. Making of orders by county court judge

        1. 1.If on an application made by a constable a county court judge is satisfied that

        2. 2.The first set of access conditions is fulfilled if—

        3. 3.The second set of access conditions is fulfilled if—

        4. 4.An order under this paragraph is an order that the person who appears to the

        5. 5.Where the material consists of information

        6. 6.For the purposes of Articles 23 and 24 material produced in pursuance of an order

      2. Notices of applications for orders

        1. 7.An application for an order under paragraph 4 shall be made inter partes.

        2. 8.Where notice of an application for an order under paragraph 4 has been served on

      3. Issue of warrants by county court judge

        1. 9.If on an application made by a constable a county court judge—

        2. 9A.The judge may not issue an all premises warrant unless he is satisfied—

        3. 10.A constable may seize and retain anything for which a search has been authorised under

        4. 11.The further conditions mentioned in paragraph 9(a)(ii) are—

        5. 12.If a person fails to comply with an order under paragraph 4, a county court

      4. Costs

        1. 13.The costs of any application under this Schedule and of anything done or to be

    2. SCHEDULE 2

      PRESERVED POWERS OF ARREST

    3. SCHEDULE 2A

      Fingerprinting and samples: power to require attendance at police station

      1. Part 1 Fingerprinting

        1. Persons arrested and released

          1. 1.A constable may require a person to attend a police station for the purpose of

        2. Persons charged etc

          1. 2.A constable may require a person to attend a police station for the purpose of

        3. Persons convicted etc of an offence in Northern Ireland

          1. 3.A constable may require a person to attend a police station for the purpose of

        4. Persons subject to a control order

          1. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. Persons convicted etc of an offence outside Northern Ireland

          1. 5.A constable may require a person to attend a police station for the purpose of

        6. Multiple attendance

          1. 6.Where a person's fingerprints have been taken under Article 61 on two occasions in relation

      2. Part 2 Intimate samples

        1. Persons suspected to be involved in an offence

          1. 7.A constable may require a person to attend a police station for the purpose of

        2. Persons convicted etc of an offence outside Northern Ireland

          1. 8.A constable may require a person to attend a police station for the purpose of

      3. Part 3 Non-intimate samples

        1. Persons arrested and released

          1. 9.A constable may require a person to attend a police station for the purpose of

        2. Persons charged etc

          1. 10.A constable may require a person to attend a police station for the purpose of

        3. Persons convicted etc of an offence in Northern Ireland

          1. 11.A constable may require a person to attend a police station for the purpose of

        4. Persons subject to a control order

          1. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. Persons convicted etc of an offence outside Northern Ireland

          1. 13.A constable may require a person to attend a police station for the purpose of

        6. Multiple exercise of power

          1. 14.Where a non-intimate sample has been taken from a person under Article 63 on two

      4. Part 4 General and supplementary

        1. Requirement to have power to take fingerprints or sample

          1. 15.A power conferred by this Schedule to require a person to attend a police station

        2. Date and time of attendance

          1. 16.A requirement under this Schedule—

        3. Enforcement

          1. 17.A constable may arrest without warrant a person who has failed to comply with a

    4. SCHEDULE 3

      PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)

      1. 1.In any criminal proceedings where it is desired to give a statement in evidence in

      2. 2.Notwithstanding paragraph 1, a court may require oral evidence to be given of anything of

      3. 3.Any person who in a certificate tendered under paragraph 1 in a magistrates' court, a

      4. 4.In estimating the weight, if any, to be attached to a statement regard shall be

      5. 5.For the purposes of paragraph 4 information shall be taken to be supplied to a

      6. 6.For the purpose of deciding whether or not a statement is admissible in evidence the

      7. 7.Provision may be made by the rules mentioned in paragraph (3) of Article 68 supplementing

    5. Schedule 4—Amendments

    6. SCHEDULE 5

      1. PART I OFFENCES MENTIONED IN ARTICLE 87(2)(a)

        1. 1.Treason.

        2. 2.Murder.

        3. 3.Manslaughter.

        4. 4.Rape.

        5. 5.Kidnapping.

        6. 6.Incest with a girl under the age of 14.

        7. 7.Buggery with a person under the age of 16.

        8. 8.Indecent assault which constitutes an act of gross indecency.

        9. 9.An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2)

      2. PART II OFFENCES MENTIONED IN ARTICLE 87(2)(b)

        1. Explosive Substances Act 1883 (c. 3)

          1. 1.Section 2 (causing explosion likely to endanger life or property).

        2. Criminal Law Amendment Act 1885 (c. 69)

          1. 2.Section 4 (unlawful carnal knowledge of a girl under the age of 14).

        3. The Road Traffic (Northern Ireland) Order 1981

          1. 2A.Article 172B (aggravated vehicle‐taking causing death or grievous bodily injury).

        4. Para. 3 rep. by 1995

          1. Paras. 4‐6 rep. by 2004

        5. Taking of Hostages Act 1982 (c. 28)

          1. 7.Section 1 (hostage‐taking).

        6. Aviation Security Act 1982 (c. 36)

          1. 8.Section 1 (hijacking).

        7. Criminal Justice Act 1988 (c. 33)

          1. 9.Section 134 (torture).

        8. Aviation and Maritime Security Act 1990 (c. 31)

          1. 10.Section 1 (endangering safety at aerodromes).

          2. 11.Section 9 (hijacking of ships).

          3. 12.Section 10 (seizing or exercising control of fixed platforms).

        9. Protection of Children (Northern Ireland) Order 1978 (1978 N.I. 17)

          1. 13.Article 3 (indecent photographs and pseudo-photographs of children).

        10. Channel Tunnel (Security) Order 1994 No. 570

          1. 13.Article 4 (hijacking of Channel Tunnel trains).

          2. 14.Article 5 (seizing or exercising control of the tunnel system).

        11. Road Traffic (Northern Ireland) Order 1995

          1. 13A.Article 9 (causing death, or grievous bodily injury, by dangerous driving).

          2. 14.Article 14 (causing death, or grievous bodily injury, by careless driving when under the influence

        12. Domestic Violence, Crime and Victims Act 2004

          1. 15.Section 5 (causing or allowing the death of a child or vulnerable adult).

        13. Firearms (Northern Ireland) Order 2004

          1. 16.Article 58(1) (possession of firearm with intent to endnager life,

          2. 17.Article 59(1) (use of firearm or imitation firearm to resist arrest).

          3. 18.Article 60 (carrying firearm or imitation firearm with criminal intent).

    7. Schedule 6—Minor and Consequential Amendments

    8. Schedule 7—Repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources