The Police and Criminal Evidence (Northern Ireland) Order 1989

General interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F1 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—

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• “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;

• “parent or guardian” means—

  Sub‐para. (a) rep. by 1995 NI 2

  (b)

  in the case of a childF4 . . . in the care of a Health and Social Services Board[F5 or [F6 Health and Social Care trust]], that Board[F5 or [F6 Health and Social Care 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;

• F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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.

(3) Subject to [F10 paragraphs (4) and (4A)], 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[F11 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,[F12 or]

[F12 (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.

[F13 (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.]

[F14 (5) In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centre and a remand centre.]

F1 1954 c. 33 (NI)

F2 Art. 2(2): definition of "arrestable offence" repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), 41(2), Sch. 1 para. 26(1), Sch. 2

F3 1997 NI 21

F4 rep. by 1998 NI 9

F5 1995 NI 2

F6 Art. 2(2): words in definition of "parent or guardian" substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F7 Art. 2(2): definition of "serious arrestable offence" repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), 41(2), Sch. 1 para. 26(1), Sch. 2

F8 1954 c. 33 (NI)

F9 2000 c. 11

F10 Words in art. 2(3) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 41(1)

F11 2000 c. 11

F12 1995 NI 17

F13 2003 c. 6

F14 1998 NI 9