The Police and Criminal Evidence (Northern Ireland) Order 1989

SCHEDULES

Article 11.

SCHEDULE 1 N.I. SPECIAL PROCEDURE

Making of orders by county court judge N.I.

1.  If on an application made by a constable a county court judge is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4. N.I.

2.  The first set of access conditions is fulfilled if—

(a) there are reasonable grounds for believing—

(i) that a serious arrestable offence has been committed;

(ii) that there is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application;

(iii) that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made; and

(iv) that the material is likely to be relevant evidence;

(b) other methods of obtaining the material—

(i) have been tried without success; or

(ii) have not been tried because it appeared that they were bound to fail; and

(c) it is in the public interest, having regard—

(i) to the benefit likely to accrue to the investigation if the material is obtained; and

(ii) to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

3.  The second set of access conditions is fulfilled if—

(a) there are reasonable grounds for believing that there is material which consists of or includes excluded material or special procedure material on premises specified in the application;

(b) but for Article 11(2) a search of the premises for that material could have been authorised by the issue of a warrant to a constable under a statutory provision other than this Schedule; and

(c) the issue of such a warrant would have been appropriate.

4.  An order under this paragraph is an order that the person who appears to the county court judge to be in possession of the material to which the application relates shall— N.I.

(a) produce it to a constable for him to take away; or

(b) give a constable access to it,

not later than the end of the period of seven days from the date of the order or the end of such longer period as the order may specify.

5.  Where the material consists of information [F1 stored in any electronic form] N.I.

(a) an order under paragraph 4(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible[F2 or from which it can readily be produced in a visible and legible form]; and

(b) an order under paragraph 4(b) shall have effect as an order to give a constable access to the material in a form in which it is visible and legible.

F1 2001 c. 16

F2 2001 c. 16

6.  For the purposes of Articles 23 and 24 material produced in pursuance of an order under paragraph 4(a) shall be treated as if it were material seized by a constable. N.I.

Notices of applications for orders N.I.

7.  An application for an order under paragraph 4 shall be made inter partes. N.I.

8.  Where notice of an application for an order under paragraph 4 has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except— N.I.

(a) with the leave of a judge; or

(b) with the written permission of a constable,

until—

(i) the application is dismissed or abandoned; or

(ii) he has complied with an order under paragraph 4 made on the application.

Issue of warrants by county court judge N.I.

9.  If on an application made by a constable a county court judge—

(a) is satisfied—

(i) that either set of access conditions is fulfilled; and

(ii) that any of the further conditions set out in paragraph 11 is also fulfilled; or

(b) is satisfied—

(i) that the second set of access conditions is fulfilled; and

(ii) that an order under paragraph 4 relating to the material has not been complied with,

he may issue a warrant authorising a constable to enter and search the premises.

Yn ddilys o 01/03/2007

[F3 9A.   The judge may not issue an all premises warrant unless he is satisfied— N.I.

(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and

(b) that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched.]

F3 Sch. 1 para. 9A inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 8(6)

10.  A constable may seize and retain anything for which a search has been authorised under paragraph 9. N.I.

11.  The further conditions mentioned in paragraph 9(a)(ii) are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises to which the application relates;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;

(c) that the material contains information which—

(i) is subject to a restriction or obligation such as is mentioned in Article 13(2)(b); and

(ii) is likely to be disclosed in breach of it if a warrant is not issued;

(d) that service of notice of an application for an order under paragraph 4 may seriously prejudice the investigation for the purpose of which the application is sought, or other investigations.

12.—(1) If a person fails to comply with an order under paragraph 4, a county court judge may deal with him as if he had committed a contempt of the Crown Court. N.I.

(2) Any statutory provision relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.

Costs N.I.

13.  The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge. N.I.

Article 28.

SCHEDULE 2 N.I. PRESERVED POWERS OF ARREST

1845 c. cxlii	Section CCXXX of the Belfast Improvement Act 1845 (subject to Note 1)
1847 c. 89	Section 28 of the Town Police Clauses Act 1847 (subject to Notes 1 and 2)
1854 c. 103	Section 72 of the Towns Improvement (Ireland) Act 1854 (subject to Notes 1 and 2)
1892 c. 43	Section 17(2) of the Military Lands Act 1892
F4 . . .	F4 . . .
F5 F5 1952 c. 67	Section 13 of the Visiting Forces Act 1952
1953 c. 18 (NI)	Section 38(1) of the Prison Act (Northern Ireland) 1953
1955 c. 18	Sections 186 and 190B of the Army Act 1955
1955 c. 19	Sections 186 and 190B of the Air Force Act 1955
1957 c. 53	Sections 104 and 105 of the Naval Discipline Act 1957
1962 c. 14 (NI)	Rule 33 in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962
F6 . . .	F6 . . .
1969 c. 54	Section 32 of the Children and Young Persons Act 1969
1971 c. 77	Section 24(2) of the Immigration Act 1971 and paragraphs 17, 24 and 33 of Schedule 2 and paragraph 7 of Schedule 3 to that Act
F7 . . .	F7 . . .
F8 . . .	F8 . . .
F9 . . .	F9 . . .
1980 c. 9	Schedule 5 to the Reserve Forces Act 1980
F10 . . .	F10 . . .
1981 NI 22	Article 42(5) and (8) of the Diseases of Animals (Northern Ireland) Order 1981
S.I. 1982/1135	Article 7A(6) of, and Rule 35 in Schedule 2 to, the Northern Ireland Assembly Elections Order 1982
1983 c. 2 S.I. 1986/2250	Rule 36 in Schedule 1 to the Representation of the People Act 1983 (including that rule as applied by regulation 5(1) of, and Schedule 1 to, the European Parliamentary Elections (Northern Ireland) Regulations 1986)
1984 c. 47	Section 5(5) of the Repatriation of Prisoners Act 1984
S.I. 1985/454	Article 15(6) of the Local Elections (Northern Ireland) Order 1985
1985 c. 2	Section 3(6) of the Elections (Northern Ireland) Act 1985 (including that section as applied by regulation 5(1) of, and Schedule 1 to, the European Parliamentary Elections (Northern Ireland) Regulations 1986)
1986 NI 4	Articles 29, 42(10), 43(5), 45(6), 130(1) and 132 of the Mental Health (Northern Ireland) Order 1986
1987 NI 7	Article 24F11 . . . (2) of the Public Order (Northern Ireland) Order 1987
F12 . . .	F12 . . .
Note 1	The power of arrest under the section is preserved only in relation to the offence of loitering and importuning by a common prostitute or nightwalker.
Note 2	The reference to the section includes a reference to it as incorporated with any other statutory provision.

F4 2004 c. 36

F5 prosp. insertion by 1995 NI 17

F6 1998 NI 9

F7 1991 c. 24

F8 1995 NI 2

F9 1993 NI 6

F10 1991 NI 3

F11 1998 c. 2

F12 2000 c. 11

Prospective

[F13 SCHEDULE 2A N.I. Fingerprinting and samples: power to require attendance at police station

F13 Sch. 2A inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 12(2), 59(1) (as amended (15.12 2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 29(3), 31(2), Sch. 7 para. 6(3) (with Sch. 8))

Part 1 N.I. Fingerprinting

Persons arrested and released N.I.

1— (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(5A). N.I.

(2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 61(5A)(b) (fingerprints taken on previous occasion insufficient etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed that Article 61(4A)(a) or (b) applied.

(3) In sub-paragraph (2) “appropriate officer” means the officer investigating the offence for which the person was arrested.

Persons charged etc N.I.

2— (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(5B). N.I.

(2) The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with—

(a) in a case falling within Article 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or

(b) in a case falling within Article 61(5B)(b) (fingerprints taken on previous occasion insufficient etc), the day on which the appropriate officer was informed that Article 61(4A)(a) or (b) applied.

(3) In sub-paragraph (2)(b) “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.

Persons convicted etc of an offence in Northern Ireland N.I.

3— (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(6). N.I.

(2) Where the condition in Article 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a) the day on which the person was convicted or cautioned, or

(b) if later, the day on which this Schedule comes into force.

(3) Where the condition in Article 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a) the day on which an appropriate officer was informed that Article 61(4A)(a) or (b) applied, or

(b) if later, the day on which this Schedule comes into force.

(4) In sub-paragraph (3)(a) “appropriate officer” means an officer of the police force which investigated the offence in question.

(5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).

Persons subject to a control order N.I.

Yn ddilys o 15/12/2011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

4  F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 Sch. 2 para. 4 never in operation, omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 29(3), 31(2), Sch. 7 para. 7(3) (with Sch. 8)

Persons convicted etc of an offence outside Northern Ireland N.I.

5   A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(6D). N.I.

Multiple attendance N.I.

6— (1) Where a person's fingerprints have been taken under Article 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that Article in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. N.I.

(2) Where an authorisation is given under sub-paragraph (1) —

(a) the fact of the authorisation, and

(b) the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

Part 2 N.I. Intimate samples

Persons suspected to be involved in an offence N.I.

7   A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under Article 62(1A) if, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken from him but have proved insufficient. N.I.

Persons convicted etc of an offence outside Northern Ireland N.I.

8   A constable may require a person to attend a police station for the purpose of taking a sample from him under Article 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under Article 63(3D) but have proved insufficient. N.I.

Part 3 N.I. Non-intimate samples

Persons arrested and released N.I.

9— (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3ZA). N.I.

(2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3ZA)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in Article 63(3ZA)(b)(i) or (ii).

(3) In sub-paragraph (2) “appropriate officer” means the officer investigating the offence for which the person was arrested.

Persons charged etc N.I.

10— (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3A). N.I.

(2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported.

(3) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in Article 63(3A)(b)(i) or (ii).

(4) In sub-paragraph (3) “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.

Persons convicted etc of an offence in Northern Ireland N.I.

11— (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3B). N.I.

(2) Where the condition in Article 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a) the day on which the person was convicted or cautioned, or

(b) if later, the day on which this Schedule comes into force.

(3) Where the condition in Article 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a) the day on which an appropriate officer was informed of the matters specified in Article 63(3BA)(b)(i) or (ii), or

(b) if later, the day on which this Schedule comes into force.

(4) In sub-paragraph (3)(a) “appropriate officer” means an officer of the police force which investigated the offence in question.

(5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).

Persons subject to a control order N.I.

Yn ddilys o 15/12/2011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

12  F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 Sch. 2 para. 12 never in operation, omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 29(3), 31(2), Sch. 7 para. 7(3) (with Sch. 8)

Persons convicted etc of an offence outside Northern Ireland N.I.

13   A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3D). N.I.

Multiple exercise of power N.I.

14— (1) Where a non-intimate sample has been taken from a person under Article 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that Article in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. N.I.

(2) Where an authorisation is given under sub-paragraph (1) —

(a) the fact of the authorisation, and

(b) the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

Part 4 N.I. General and supplementary

Requirement to have power to take fingerprints or sample N.I.

15   A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints or a sample under any provision of this Order may be exercised only in a case where the fingerprints or sample may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints or sample under that provision has been obtained). N.I.

Date and time of attendance N.I.

16— (1) A requirement under this Schedule— N.I.

(a) shall give the person a period of at least seven days within which he must attend the police station; and

(b) may direct him so to attend at a specified time of day or between specified times of day.

(2) In specifying a period or time or times of day for the purposes of sub-paragraph (1), the constable shall consider whether the fingerprints or sample could reasonably be taken at a time when the person is for any other reason required to attend the police station.

(3) A requirement under this Schedule may specify a period shorter than seven days if—

(a) there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence; and

(b) the shorter period is authorised by an officer of at least the rank of inspector.

(4) Where an authorisation is given under sub-paragraph (3)(b)—

(a) the fact of the authorisation, and

(b) the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

(5) If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify any period within which, or date or time at which, the person must attend; but a variation shall not have effect unless confirmed by the constable in writing.

Enforcement N.I.

17   A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.] N.I.

Article 68(4).

F16 SCHEDULE 3 N.I. PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)

F16 prosp. rep. by 1999 NI 8

1.  In any criminal proceedings where it is desired to give a statement in evidence in accordance with Article 68, a certificate— N.I.

(a) identifying the document containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;

(c) dealing with any of the matters mentioned in paragraph (1) of Article 68; and

(d) purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,

shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

2.  Notwithstanding paragraph 1, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph. N.I.

3.  Any person who in a certificate tendered under paragraph 1 in a magistrates' court, a county court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable— N.I.

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

4.  In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular— N.I.

(a) to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and

(b) to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.

5.  For the purposes of paragraph 4 information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment. N.I.

6.  For the purpose of deciding whether or not a statement is admissible in evidence the court may draw any reasonable inference— N.I.

(a) from the circumstances in which the statement was made or otherwise came into being; or

(b) from any other circumstances, including the form and contents of the document in which the statement is contained.

7.  Provision may be made by the rules mentioned in paragraph (3) of Article 68 supplementing the provisions of that Article or this Schedule. N.I.

N.I.

Schedule 4—Amendments

Article 87.

SCHEDULE 5 N.I. SERIOUS ARRESTABLE OFFENCES

PART I N.I. OFFENCES MENTIONED IN ARTICLE 87(2)(a)

1.  Treason.

2.  Murder.

3.  Manslaughter.

4.  Rape.

5.  Kidnapping.

6.  Incest with a girl under the age of 14.

[F17 7.   Buggery with a person under the age of 16.]

F17 2003 NI 13

8.  Indecent assault which constitutes an act of gross indecency.

[F18 9   An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) of being knowingly concerned, in relation to any goods, in any fraudulent evasion or attempt at evasion of a prohibition in force with respect to the goods under section 42 of the Customs Consolidation Act 1876 (c. 36) (prohibition on importing indecent or obscene articles).]

F18 2001 c. 16

PART II N.I. OFFENCES MENTIONED IN ARTICLE 87(2)(b)

Explosive Substances Act 1883 (c. 3) N.I.

1.  Section 2 (causing explosion likely to endanger life or property).

Criminal Law Amendment Act 1885 (c. 69) N.I.

2.  Section 4 (unlawful carnal knowledge of a girl under the age of 14).

[F19 The Road Traffic (Northern Ireland) Order 1981] N.I.

F19 2004 NI 15

2A.  Article 172B (aggravated vehicle‐taking causing death or grievous bodily injury).

N.I.

Para. 3 rep. by 1995 NI 18

Paras. 4‐6 rep. by 2004 NI 3

Taking of Hostages Act 1982 (c. 28) N.I.

7.  Section 1 (hostage‐taking).

Aviation Security Act 1982 (c. 36) N.I.

8.  Section 1 (hijacking).

Criminal Justice Act 1988 (c. 33) N.I.

9.  Section 134 (torture).

[F20 Aviation and Maritime Security Act 1990 (c. 31)] N.I.

F20 1990 c. 31

10.  Section 1 (endangering safety at aerodromes).

11.  Section 9 (hijacking of ships).

12.  Section 10 (seizing or exercising control of fixed platforms).

[F21 Protection of Children (Northern Ireland) Order 1978 (1978 N.I. 17)] N.I.

F21 1994 c. 33

13.  Article 3 (indecent photographs and pseudo-photographs of children).

[F22 Channel Tunnel (Security) Order 1994 No. 570] N.I.

F22 SI 1994/570

13.  Article 4 (hijacking of Channel Tunnel trains).

14.  Article 5 (seizing or exercising control of the tunnel system).

[F23 Road Traffic (Northern Ireland) Order 1995] N.I.

F23 1995 NI 18

[F24 13A.]  Article 9 (causing death, or grievous bodily injury, by dangerous driving).

F24 1996 NI 10

14.  Article 14 (causing death, or grievous bodily injury, by careless driving when under the influence of drugs).

[F25 Domestic Violence, Crime and Victims Act 2004] N.I.

F25 2004 c. 28

15.  Section 5 (causing or allowing the death of a child or vulnerable adult).

[F26 Firearms (Northern Ireland) Order 2004] N.I.

F26 2004 NI 3

16.  Article 58(1) (possession of firearm with intent to endnager life, etc.).

17.  Article 59(1) (use of firearm or imitation firearm to resist arrest).

18.  Article 60 (carrying firearm or imitation firearm with criminal intent).

N.I.

N.I.

Schedule 6—Minor and Consequential Amendments

N.I.

Schedule 7—Repeals