The Police and Criminal Evidence (Northern Ireland) Order 1989

General interpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “designated police station” has the meaning assigned to it by Article 36;

  • “document” [F3 means anything in which information of any description is recorded];

  • “intimate search” means a search which consists of the physical examination of a person's body orifices;

  • “items subject to legal privilege” has the meaning assigned to it by Article 12;

  • “parent or guardian” means—

    Sub‐para. (a) rep. by 1995 NI 2

    (b)

    in the case of a child F4... in the care of a F5... [F6Health and Social Care trust], that F7... [F6Health and Social Care trust];

  • Definitions rep. by 2000 c. 32

  • “premises” has the meaning assigned to it by Article 25;

  • “recordable offence” means any offence to which regulations under Article 29 apply;

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 1954F9;

  • [F10“the terrorism provisions” means [F11sections 41 and 43B] of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;]

  • [F10“terrorism” has the meaning given in section 1 of that Act.]

  • “vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.

(3) Subject to [F12paragraphs (4) and (4A)], a person is in police detention for the purposes of this Order if—

(a)he has been taken to a police station after being arrested for an offence or after being arrested under [F13 section 41 [F14or 43B] of the Terrorism Act 2000] [F15or section 27 of the National Security Act 2023]; or

(b)he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it, [F16 or]

[F16(c)he is arrested at a police station after being taken to the station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953,]

and is detained there or is detained elsewhere in the charge of a constable.

(4) A person—

(a)who is at a court after being charged; or

(b)who has been taken from a custodial establishment and held in police custody pending his appearance at a court,

is not in police detention for those purposes.

[F17(4A) Where a person is in another's lawful custody by virtue of paragraph 8, 22(1) or 23(2) of Schedule 2 to the Police (Northern Ireland) Act 2003, he shall be treated as being in police detention for the purposes of this Order.]

[F18(5) In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centre and a remand centre.]

F4rep. by 1998 NI 9