The Police and Criminal Evidence (Northern Ireland) Order 1989

Interpretation of Part VI N.I.

53.— [F1 (1)] In this Part—

[F2 “analysis”, in relation to a skin impression, includes comparison and matching;]

“appropriate consent” means—

(a)

in relation to a person who has attained the age of [F3 18] years, the consent of that person;

(b)

in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c)

in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

Definitions rep. by 2002 c. 29

[F4 “extradition arrest power” means any of the following—

(a)

a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;

(b)

section 5 of that Act;

(c)

a warrant issued under section 71 of that Act;

(d)

a provisional warrant (within the meaning given by that Act).]

[F5 “fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—

(a)

any of that person's fingers; or

(b)

either of his palms;]

[F6 “intimate sample” means—

(a)

a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(b)

a dental impression;

(c)

[F7 a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;]]

[F8 “intimate search” means a search which consists of the physical examination of a person's body orifices other than the mouth;]

“medical practitioner” means a fully registered person within the meaning of the Medical Act 1983F9 ;

[F6 “non-intimate sample” means—

(a)

a sample of hair other than pubic hair;

(b)

a sample taken from a nail or from under a nail;

(c)

[F10 a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;]

(d)

saliva;

(e)

[F11 a skin impression;]]

[F6 “registered dentist” has the same meaning as in the Dentists Act 1984;

[F12 “registered health care professional” means a person (other than a medical practitioner) who is one of the following—

(a)

[F13 a nurse registered in the Nurses' Part of the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001;]

(b)

a registered member of a health care profession which is designated for the purposes of this paragraph by an order subject to Article 89 made by the Secretary of State;]

[F14 “skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;]

“speculative search”, in relation to a person's fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in Article 63A(1);

“sufficient” and “insufficient”, in relation to a sample, means [F15 (subject to paragraph (3))] sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.]

F16 . . .

[F17 (2) In paragraph (1) “health care profession” means any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.]

[F18 (3) References in this Part to a sample's proving insufficient include references to where, as a consequence of—

(a) the loss, destruction or contamination of the whole or any part of the sample,

(b) any damage to the whole or a part of the sample, or

(c) the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable,

the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.]

F1 Words in art. 53 inserted (1.3.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 42(4)(6); S.R. 2007/177, art. 2

F2 Art. 53(1): definition of "analysis" inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(3)

F3 Art. 53(1): word in definition of "appropriate consent" substituted (1.11.2009) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(3), 25(2); S.R. 2009/337, art. 2(b)

F4 2003 c. 41

F5 Art. 53(1): definition of "fingerprints" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(4)

F6 1995 NI 17

F7 Art. 53(1): words in definition of "intimate sample" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(5)

F8 1995 NI 17

F9 1983 c. 54

F10 Art. 53(1): words in definition of "non-intimate sample" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(6)

F11 Art. 53(1): words in definition of "non-intimate sample" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(7)

F12 Art. 53: definition of "registered health care professional" inserted (1.3.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 42(3)(6); S.R. 2007/177, art. 2

F13 Art. 53(1): words in definition of "registered health care professional" substituted (1.8.2004) by Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 5

F14 Art. 53(1): definition of "skin impression" inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(8)

F15 Art. 53(1): words in definition of "sufficient" and "insufficient" inserted (1.3.2007) by virtue of Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(9)

F16 2002 c. 29

F17 Art. 53(2) inserted (1.3.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 42(4)(6); S.R. 2007/177, art. 2

F18 Art. 53(3) added (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 25(10)