The Police and Criminal Evidence (Northern Ireland) Order 1989

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