The Police and Criminal Evidence (Northern Ireland) Order 1989 No. 1341 (NI. 12)

PART I N.I. INTRODUCTORY

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 child F4 ... in the care of a F5 ... [F6 Health and Social Care trust], that F7 ... [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;

• F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 1954F9 ;

• [F10 “the terrorism provisions” means [F11 sections 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 [F12 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 [F13 section 41 [F14 or 43B] of the Terrorism Act 2000] [F15 or section 27 of the National Security Act 2023]; or

(b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it, [F16 or]

[F16 (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.

[F17 (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.]

[F18 (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 Words 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)

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 Words 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)

F8 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

F9 1954 c. 33 (NI)

F10 2000 c. 11

F11 Words 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)

F12 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)

F13 2000 c. 11

F14 Words in art. 2(3)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(w), Sch. 19 para. 4(2)(b)

F15 Words in art. 2(3)(a) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 9(2)

F16 1995 NI 17

F17 2003 c. 6

F18 1998 NI 9