The Police and Criminal Evidence (Northern Ireland) Order 1989

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Police and Criminal Evidence (Northern Ireland) Order 1989.

(2) This Article and Articles 2, 29(4), 60(a), 65, 66 and 89 shall come into operation on the expiration of one month from the day on which the Order is made.

(3) The other provisions of this Order shall come into operation on such day or days as the Secretary of State may by order appointF1 .

(4) An order under paragraph (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.

F1 partly exercised by SR 1989/404, SR 1989/441

General interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 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—

• “arrestable offence” has the meaning assigned to it by Article 26;

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

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

• F4 “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;

• F5 “parent or guardian” means—

  Sub‐para. (a) rep. by 1995 NI 2

  (b)

  in the case of a childF6 . . . in the care of a Health and Social Services Board[F7 or Health and Social Services trust], that Board[F7 or Health and Social Services 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;

• F5 “serious arrestable offence” has the meaning assigned to it by Article 87;

• “statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 1954F8 ;

• [F9 “the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;]

• [F9 “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.

F5 (3) Subject to paragraph (4), 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[F10 section 41 of the Terrorism Act 2000]; or

(b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,[F11 or]

[F11 (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.

[F12 (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.]

[F13 (5) In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centreF5 and a remand centre.]

F2 1954 c. 33 (NI)

F3 1997 NI 21

F4 prosp. rep. by 1995 NI 17

F5 prosp. insertion by 2002 c. 26

F6 rep. by 1998 NI 9

F7 1995 NI 2

F8 1954 c. 33 (NI)

F9 2000 c. 11

F10 2000 c. 11

F11 1995 NI 17

F12 2003 c. 6

F13 1998 NI 9