The Police and Criminal Evidence (Northern Ireland) Order 1989

[F1 Photographing of suspects etc. N.I.

64A.— (1) A person who is detained at a police station may be photographed—

(a) with the appropriate consent; or

(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.

[F2 (1A) A person falling within paragraph (1B) may, on the occasion of the relevant event referred to in paragraph (1B), be photographed elsewhere than at a police station—

(a) with the appropriate consent; or

(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(1B) A person falls within this paragraph if he has been—

(a) arrested by a constable for an offence;

(b) taken into custody by a constable after being arrested for an offence by a person other than a constable;

(c) given a fixed penalty notice by a constable in uniform under Article 60 of the Road Traffic Offenders (Northern Ireland) Order 1996.]

(2) A person proposing to take a photograph of any person under this Article—

(a) may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and

(b) if the requirement is not complied with, may remove the item or substance himself.

(3) Where a photograph may be taken under this Article, the only persons entitled to take the photograph are—[F3 constables.]

(4) A photograph taken under this Article—

(a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution [F4 or to the enforcement of a sentence]; and

(b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(5) In paragraph (4)—

(a) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.[F5 ; and

(c) “sentence” includes any order made by a court in Northern Ireland when dealing with an offender in respect of his offence.]

(6) References in this Article to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

[F6 (6A) In this Article, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.]

[F7 (7) Nothing in this Article applies to a person arrested under an extradition arrest power.]]

F1 2001 c. 24

F2 Art. 64A(1A)(1B) inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 36(2)

F3 2003 c. 6

F4 Words in art. 64A(4)(a) inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 36(3)

F5 Art. 64A(5)(c) and preceding words inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 36(4)

F6 Art. 64A(6A) inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 36(5)

F7 2003 c. 41

Modifications etc. (not altering text)

C1 Art. 64A applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2