The Police and Criminal Evidence (Northern Ireland) Order 1989

Changes over time for: Section 53

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Changes to legislation:

The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 53 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Article 53:

various legislation applied by 2016 c. 18 (N.I.) s. 161(2)(a)
art. 53(1) word substituted by S.I. 2007/288 (N.I.) art. 25(2)
art. 53(1) words inserted by 2013 c. 7 (N.I.) Sch. 3 para. 1(2)
art. 53(1) words inserted by 2008 c. 28 s. 12(1) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 53(1) words inserted by 2010 c. 17 s. 9(5)
art. 53(1) words inserted by 2010 c. 17 s. 15(3)(a)
art. 53(1) words inserted by 2010 c. 17 s. 15(3)(b)

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Order applied by 2016 c. 18 (N.I.) s. 150(1)(a)
Order excluded by 2012 c. 9 Sch. 1 para. 7(5)
Order extended by 2003 c. 6 Sch. 4 para. 23A (as inserted) by S.I. 2007/912 (N.I.) Sch. 4 para. 5

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 2A para. 1(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(a)(ii)
Sch. 2A para. 2(2)(c) and word inserted by 2015 c. 9 (N.I.) s. 83(3)(b)(ii)
Sch. 2A para. 9(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(c)(ii)
Sch. 2A para. 10(5) inserted by 2015 c. 9 (N.I.) s. 83(3)(d)(ii)
Sch. 2A para. 2(2)(b) words substituted by 2015 c. 9 (N.I.) s. 83(3)(b)(i)
art. 62(10(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 3(9ZA)(9ZB) inserted by 2019 c. 17 s. 12(5)
art. 19(1)(cc) inserted by S.I. 2007/916 (N.I.) art. 18(2)
art. 53(3A)(3B) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 1(3)
art. 53(3A) inserted by 2010 c. 17 s. 15(4)
art. 53(4) inserted by 2010 c. 17 s. 9(6)
art. 53B inserted by 2013 c. 7 (N.I.) Sch. 3 para. 3
art. 56(13A)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(1)(b)
art. 56(13A)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(1)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 56A(9)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(2)(b)
art. 56A(9)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(2)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 61(5A) inserted by 2010 c. 17 s. 8(1)
art. 61(5A)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
art. 61(5B) inserted by 2010 c. 17 s. 8(2)
art. 61(5B)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
art. 61(5C) inserted by 2015 c. 9 (N.I.) s. 83(1)(b)
art. 61(6)-(6ZD) substituted for art. 61(6) by 2010 c. 17 s. 8(3)
art. 61(6D)-(6G) inserted by 2010 c. 17 s. 9(1)
art. 61(6BA) inserted by 2008 c. 28 s. 12(2) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 62(2A) (2B) inserted by 2010 c. 17 s. 9(2)
art. 62(10)(ab) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 6(3)(b)
art. 62(10)(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 63(3A)(c)(i) word substituted by 2013 c. 7 (N.I.) Sch. 3 para. 4
art. 63(3B)-(3BD) substituted for art. 63(3B) by 2010 c. 17 s. 8(7)
art. 63(3C) inserted by 2008 c. 28 s. 12(3) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63(3D)-(3G) inserted by 2010 c. 17 s. 9(4)
art. 63(3AA) inserted by 2015 c. 9 (N.I.) s. 83(2)(c)
art. 63(3ZA) inserted by 2010 c. 17 s. 8(5)
art. 63(3ZA)(b)(iii) and word inserted by 2015 c. 9 (N.I.) s. 83(2)(a)
art. 63A(1E) (1F) inserted by 2010 c. 17 s. 11(1)
art. 63A(6A) inserted by 2008 c. 28 s. 12(4)(b) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63B-63R inserted by 2013 c. 7 (N.I.) Sch. 2
art. 63D(1)(a) substituted by 2019 c. 3 Sch. 2 para. 5(2)(a)
art. 63D(1)(a)(i) words inserted by S.I. 2023/1386 Sch. para. 9(5)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63D(14) words inserted by 2019 c. 3 Sch. 2 para. 5(2)(b)
art. 63D(14) words inserted by S.I. 2023/1386 Sch. para. 9(5)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63N substituted by 2015 c. 9 (N.I.) s. 86
art. 63R(4A) inserted by 2019 c. 3 Sch. 4 para. 20(9)
art. 63R(4B) inserted by 2023 c. 32 Sch. 18 para. 5(8) (This amendment not applied to legislation.gov.uk. The insertion of art. 63R by 2013 c. 7 (N.I.) Sch. 2 remains prospective at 31.12.2023.)
art. 63R(5) words substituted by 2015 c. 9 (N.I.) s. 87(a)
art. 63R(5A)(5B) inserted by 2015 c. 9 (N.I.) s. 87(b)
art. 63DA inserted by 2019 c. 3 Sch. 2 para. 5(3)
art. 63DA heading words inserted by S.I. 2023/1386 Sch. para. 9(6)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63DA(1)(a) words inserted by S.I. 2023/1386 Sch. para. 9(6)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63DA(4) words inserted by S.I. 2023/1386 Sch. para. 9(6)(c) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63GA inserted by 2015 c. 9 (N.I.) s. 84
art. 63KA inserted by 2015 c. 9 (N.I.) s. 85
art. 64(1AA) inserted by 2008 c. 28 s. 12(5) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 64(1AB) inserted by 2008 c. 28 s. 15(5)
art. 89(2A) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 5

Interpretation of Part VIN.I.

53.—[F1(1)] In this Part—

[F2“analysis”, in relation to a skin impression, includes comparison and matching;]

“appropriate consent” means—

(a)

in relation to a person who has attained the age of [F318] years, the consent of that person;

(b)

in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c)

in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

Definitions rep. by 2002 c. 29

[F4“extradition arrest power” means any of the following—

(a)

a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;

(b)

section 5 of that Act;

(c)

a warrant issued under section 71 of that Act;

(d)

a provisional warrant (within the meaning given by that Act)];

(e)

[F5section 74A of that Act.]

[F6“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—

(a)

any of that person's fingers; or

(b)

either of his palms;]

[F7“intimate sample” means—

(a)

a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(b)

a dental impression;

(c)

[F8a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;]]

[F9“intimate search” means a search which consists of the physical examination of a person's body orifices other than the mouth;]

“medical practitioner” means a fully registered person within the meaning of the Medical Act 1983F10;

[F7“non-intimate sample” means—

(a)

a sample of hair other than pubic hair;

(b)

a sample taken from a nail or from under a nail;

(c)

[F11a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;]

(d)

saliva;

(e)

[F12a skin impression;]]

[F7“registered dentist” has the same meaning as in the Dentists Act 1984;

[F13“registered health care professional” means a person (other than a medical practitioner) who is one of the following—

(a)

[F14a nurse registered in the Nurses' Part of the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001;]

(b)

a registered member of a health care profession which is designated for the purposes of this paragraph by an order subject to Article 89 made by the Secretary of State;]

[F15“skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;]

“speculative search”, in relation to a person's fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in Article 63A(1);

“sufficient” and “insufficient”, in relation to a sample, means [F16(subject to paragraph (3))] sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.]

F17. . .

[F18(2) In paragraph (1) “health care profession” means any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.]

[F19(3) References in this Part to a sample's proving insufficient include references to where, as a consequence of—

(a)the loss, destruction or contamination of the whole or any part of the sample,

(b)any damage to the whole or a part of the sample, or

(c)the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable,

the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.]

F1Words in art. 53 inserted (1.3.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 42(4)(6); S.R. 2007/177, art. 2

F2Art. 53(1): definition of "analysis" inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(3)

F3Art. 53(1): word in definition of "appropriate consent" substituted (1.11.2009) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(3), 25(2); S.R. 2009/337, art. 2(b)

F42003 c. 41

F5Art. 53(1): words in definition of “extradition arrest power” inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 8; S.I. 2020/1652, reg. 2(1)(b)

F6Art. 53(1): definition of "fingerprints" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(4)

F71995 NI 17

F8Art. 53(1): words in definition of "intimate sample" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(5)

F91995 NI 17

F101983 c. 54

F11Art. 53(1): words in definition of "non-intimate sample" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(6)

F12Art. 53(1): words in definition of "non-intimate sample" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(7)