The Police and Criminal Evidence (Northern Ireland) Order 1989

Custody officers at police stations N.I.

37.—(1) One or more custody officers shall be appointed for each designated police station.

(2) A custody officer for a designated police station shall be appointed—

(a) by the Chief Constable; or

(b) by such other police officer as the Chief Constable may direct.

[F1 (3) No police officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.]

(4) A police officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.

(5) Subject to the following provisions of this Article and to Article 40(2), none of the functions of a custody officer in relation to a person shall be performed by [F2 an officer] who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time.

(6) Nothing in paragraph (5) is to be taken to prevent a custody officer—

(a) performing any function assigned to custody officers—

(i) by this Order; or

(ii) by a code of practice issued under this Order;

(b) carrying out the duty imposed on custody officers by Article 40;

(c) doing anything in connection with the identification of a suspect; or

[F3 (d) doing anything under Article 18 or 19 of the Road Traffic (Northern Ireland) Order 1995.]

(7) Where an arrested person is taken to a police station which is not a designated police station, the functions in relation to him which at a designated police station would be the functions of a custody officer shall be performed—

(a) by an officer F4 . . . who is not involved in the investigation of an offence for which he is in police detention, if [F5 such an officer] is readily available; and

(b) if no [F6 such officer] is readily available, by the officer who took him to the station or any other officer.

[F7 (7A) Subject to paragraph (7B), paragraph (7) applies where a person attends a police station which is not a designated station to answer to bail granted under Article 32A as it applies where a person is taken to such a station.

(7B) Where paragraph (7) applies because of paragraph (7A), the reference in paragraph (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail under Article 32A.]

(8) References to a custody officer in the following provisions of this Order include references to [F8 an officer] other than a custody officer who is performing the functions of a custody officer by virtue of paragraph (4) or (7).

(9) Where by virtue of paragraph (7) a police officer who took an arrested person to a police station is to perform the functions of a custody officer in relation to him, the officer shall inform an officer who—

(a) is attached to a designated police station; and

(b) is of at least the rank of inspector,

that he is to do so.

(10) The duty imposed by paragraph (9) shall be performed as soon as it is practicable to perform it.

(11) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Art. 37(3) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6)(a), Sch. 7 para. 124(2)(a)

F2 Words in art. 37(5) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6)(a), Sch. 7 para. 124(2)(b)

F3 1995 NI 18

F4 Words in art. 37(7)(a) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 124(2)(c)(i), Sch. 8 Pt. 13

F5 Words in art. 37(7)(a) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6)(a), Sch. 7 para. 124(2)(c)(i)

F6 Words in art. 37(7)(b) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6)(a), Sch. 7 para. 124(2)(c)(ii)

F7 2004 NI 9

F8 Words in art. 37(8) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6)(a), Sch. 7 para. 124(2)(d)

F9 Art. 37(11) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 124(2)(e), Sch. 8 Pt. 13

Modifications etc. (not altering text)

C1 Art. 37 applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2