The Police and Criminal Evidence (Northern Ireland) Order 1989

Changes over time for: Section 19

Version Superseded: 01/06/2018

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Point in time view as at 12/04/2010. This version of this provision has been superseded.

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The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 19 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Entry for purpose of arrest etc.N.I.

19.—(1) Subject to the following provisions of this Article, and without prejudice to any other statutory provision, a constable may enter and search any premises for the purpose—

(a)of executing—

(i)a warrant of arrest issued in connection with or arising out of criminal proceedings; or

(ii)a warrant of commitment issued under Article 92 of the Magistrates' Courts (Northern Ireland) Order 1981F1;

(b)of arresting a person for an [F2indictable] offence;

[F3(ba)of arresting a person for an offence under Article 15 of the Road Traffic (Northern Ireland) Order 1995 (driving while under influence of drink or drugs) or Article 180(1) of the Road Traffic (Northern Ireland) Order 1981 (NI 1);

(bb)of arresting a person for an offence to which Article 42(8) of the Diseases of Animals (Northern Ireland) Order 1981 applies;]

[F4(c)of arresting a person for an offence under—

(i)section 42 of the Offences against the Person Act 1861 (c. 100);

(ii)Article 18(3) or 21 of the Public Order (Northern Ireland) Order 1987 (NI 7);

(iii)Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (NI 9);

(iv)Article 25 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6);]

[F5(ca)of recapturing a person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained in a prison, young offenders centre,[F6 juvenile justice centre or in any other place in pursuance of Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998];

(cb)of arresting a person in pursuance of section 49(1) of the Prison Act 1952 or section 40(1) of the Prisons (Scotland) Act 1989;]

(d)of recapturing a person who is unlawfully at large and whom he is pursuing; or

(e)of saving life or limb or preventing serious damage to property.

(2) Except for the purpose specified in paragraph (1)(e), the powers of entry and search conferred by this Article—

(a)are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and

(b)are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—

(i)any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(ii)any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.

(3) The power of search conferred by this Article is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(4) Subject to paragraph (5), all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.

(5) Nothing in paragraph (4) affects any power of entry to deal with or prevent a breach of the peace.

F11981 NI 26

F2Word in art. 19(1)(b) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 11(2)

F3Art. 19(1)(ba)(bb) inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 11(3)

F4Art. 19(1)(c) substituted (8.6.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(3)(a), 86

F51995 NI 17

F61998 NI 9

Modifications etc. (not altering text)

C1Art. 19 extended (22.4.2007) by Police (Northern Ireland) Act 2003 (c. 6), Sch. 2A para. 10 (as inserted (22.4.2007) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2)(d)(3), 7(8), Sch. 5)

C2Art. 19(1)(a)(i) applied (with modifications) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), Sch. 1 (as amended (19.3.2010) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (Amendment) Order 2010 (S.R. 2010/42), art. 2(3)(a))

C3Art. 19(1)(b) applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2