The Police and Criminal Evidence (Northern Ireland) Order 1989

Changes over time for: Section 2

Version Superseded: 20/12/2023

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The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 2 is up to date with all changes known to be in force on or before 08 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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General interpretationN.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 child F4... in the care of a F5... [F6Health and Social Care trust], that F7... [F6Health 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;
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 1954F9;
[F10“the terrorism provisions” means [F11sections 41 and 43B] of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;]
[F10“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 [F12paragraphs (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 [F13 section 41 [F14or 43B] 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, [F15 or]

[F15(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.

[F16(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.]

[F17(5) In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centre and a remand centre.]

F11954 c. 33 (NI)

F2Art. 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

F31997 NI 21

F4rep. by 1998 NI 9

F5Words in art. 2(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 132(a); S.R. 2022/102, art. 2(b)

F6Art. 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

F7Words in art. 2(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 132(b); S.R. 2022/102, art. 2(b)

F8Art. 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

F91954 c. 33 (NI)

F102000 c. 11

F11Words in art. 2(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(w), Sch. 19 para. 4(2)(a)