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The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007
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The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007, Section 35 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.
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Changes and effects yet to be applied to Article 35:
- art. 35 repealed by 2013 c. 7 (N.I.) Sch. 4 Pt. 3
Destruction of fingerprints and samplesN.I.
This section has no associated Explanatory Memorandum
35.—(1) Article 64 of PACE (destruction of fingerprints and samples) is amended as follows.
(2) In paragraph (1A)—
(a)after “fingerprints” in both places where it occurs insert “ , impressions of footwear ”;
(b)for “or the conduct of a prosecution” substitute “ , the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came ”.
(3) In paragraph (1B) after “fingerprint” insert “ or an impression of footwear ”.
(4) After paragraph (1B) insert—
“(1BA) Fingerprints taken from a person by virtue of Article 61(6A) must be destroyed as soon as they have fulfilled the purpose for which they were taken.”.
(5) In paragraph (3) after “fingerprints” insert “ , impressions of footwear ”.
(6) In paragraph (3AA)—
(a)for “and fingerprints” substitute “ , fingerprints and impressions of footwear ”;
(b)in sub-paragraph (b), for “or, as the case may be, fingerprint” substitute “ , fingerprint or (as the case may be) an impression of footwear ”.
(7) In paragraph (3AB)—
(a)for “paragraph (3)” substitute “ paragraph (1BA) or (3) ”;
(b)after the first and third places “fingerprint” occurs insert “ , impression of footwear ”;
(c)after the second place “fingerprint” occurs insert “ , nor the impression of footwear, ”.
(8) In paragraph (3AC)—
(a)after “fingerprint” in each place where it occurs insert “ , impression of footwear ”;
(b)in sub-paragraph (a), after “that” insert “ fingerprint, impression of footwear or ”;
(c)after sub-paragraph (b) insert—
“(c)that consent shall be treated as comprising a consent for the purposes of Article 63A(1C).”;
(d)at the end add the following new sentence— “ This paragraph does not apply to fingerprints taken from a person by virtue of Article 61(6A). ”.
(9) In paragraph (3AD), after “fingerprint” insert “ , impression of footwear ”.
(10) In paragraph (5), after “fingerprints” in each place where it occurs insert “ or impressions of footwear ”.
(11) In paragraph (6), after “fingerprints” insert “ or impressions of footwear ”.
(12) In paragraph (7), after “fingerprints” insert “ or impressions of footwear ”.
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