The Police and Criminal Evidence (Northern Ireland) Order 1989 PART IINTRODUCTORY1Title and commencement2General interpretationPART IIPOWERS TO STOP AND SEARCH3Power of constable to stop and search persons, vehicles etc.4Provisions relating to search under Article 3 and other powers5Duty to make records concerning searches6Road checks7Reports of recorded searches and of road checks8Statutory undertakers etc.9Part II—supplementaryPART IIIPOWERS OF ENTRY, SEARCH AND SEIZURESearch warrants10Power of justice of the peace to authorise entry and search of premises11Special provisions as to access12Meaning of “items subject to legal privilege”13Meaning of “excluded material”14Meaning of “personal records”15Meaning of “journalistic material”16Meaning of “special procedure material”17Search warrants—safeguards18Execution of warrantsEntry and search without search warrant19Entry for purpose of arrest etc.20Entry and search after arrestSeizure etc.21General power of seizure etc.22Extension of powers of seizure to computerised information23Access and copying24RetentionSupplementary25Meaning of “premises” etc.PART IVARREST26Arrest without warrant: constables26AArrest without warrant: other persons27General arrest conditions28Repeal of statutory powers of arrest without warrant or order29Fingerprinting of certain offenders30Information to be given on arrest31Voluntary attendance at police station etc.32Arrest elsewhere than at police station32ABail elsewhere than at police station32BBail under Article 32A: notices32CBail under Article 32A: supplemental32DFailure to answer to bail under Article 32A33Arrest for further offence34Search upon arrestPART VDETENTIONDetention—conditions and duration35Limitations on police detention36Designated police stations37Custody officers at police stations38Duties of custody officer before charge39Duties of custody officer after charge40Responsibilities in relation to persons detained41Review of police detention41AUse of telephone for review under Article 4142Limits on period of detention without charge43Authorisation of continued detention44Warrants of further detention45Extension of warrants of further detention46Detention before charge—supplementary46AUse of video-conferencing facilities for decisions about detentionDetention—miscellaneous47Detention after charge47APower of arrest for failure to answer to police bail48Bail after arrest48AForfeiture of security49Police detention to count towards custodial sentence50Records of detention51Savings52ChildrenPART VIQUESTIONING AND TREATMENT OF PERSONS BY POLICE53Interpretation of Part VI53AQualifying offence” etc54Abolition of certain powers of constables to search persons55Searches of detained persons55ASearches and examination to ascertain identity56Intimate searches56AX-rays and ultrasound scans57Right to have someone informed when arrestedArt. 58 rep. by 1998 NI 9 59Access to legal advice60Tape‐recording of interviews60AVideo recording of interviews61Fingerprinting61AImpressions of footwear62Intimate samples63Other samples63AFingerprints and samples: supplementary provisions64Destruction of fingerprints and samples64ZADestruction of samples64ZBDestruction of data given voluntarily64ZCDestruction of data relating to a person subject to a control order64ZDDestruction of data relating to persons not convicted64ZEDestruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences64ZFDestruction of data relating to persons under 16 not convicted: qualifying offences64ZGDestruction of data relating to persons aged 16 or 17 not convicted: qualifying offences64ZHDestruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence64ZIArticles 64ZB to 64ZH: supplementary provision64ZJDestruction of fingerprints taken under Article 61(6A)64ZKRetention for purposes of national security64ZLRetention with consent64ZMDestruction of copies, and notification of destruction64ZNUse of retained material64APhotographing of suspects etc.PART VIICODES OF PRACTICE—GENERAL65Codes of practice66Codes of practice—supplementaryPART VIIIDOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS67Interpretation of Part VIIIArt. 68 rep. by 1999 NI 8 69Microfilm copiesPART IXEVIDENCE IN CRIMINAL PROCEEDINGS—GENERAL70Interpretation of Part IXConvictions and acquittals71Proof of convictions and acquittals72Conviction as evidence of commission of offence73Provisions supplementary to Article 72Confessions74Confessions74AConfessions may be given in evidence for co-accused75Confessions by mentally handicapped personsMiscellaneous76Exclusion of unfair evidence77Time for taking accused's evidence78Abolition of right of accused to make unsworn statement79Competence and compellability of accused's spouse or civil partner79A Rule where accused’s spouse or civil partner not compellable80Advance notice of expert evidence in Crown Court80AEvidence through live links81Evidence through television links81AVideo recordings of testimony from child witnessesArt. 81B rep. by 1999 NI 8 PART XPOLICE—GENERALArts. 82‐83 rep. by 1998 c. 32 84Police officers performing duties of higher rankPART XIMISCELLANEOUS AND SUPPLEMENTARY85Application of Order to Revenue and CustomsArticle 86—Amendments 87Meaning of “serious arrestable offence”88Power of constable to use reasonable force89Orders and regulations90Amendments and repealsSCHEDULESSCHEDULE 1SPECIAL PROCEDUREMaking of orders by county court judge1If on an application made by a constable a county court judge is satisfied that2The first set of access conditions is fulfilled if—3The second set of access conditions is fulfilled if—4An order under this paragraph is an order that the person who appears to the5Where the material consists of information6For the purposes of Articles 23 and 24 material produced in pursuance of an orderNotices of applications for orders7An application for an order under paragraph 4 shall be made inter partes.8Where notice of an application for an order under paragraph 4 has been served onIssue of warrants by county court judge9If on an application made by a constable a county court judge—9AThe judge may not issue an all premises warrant unless he is satisfied—10A constable may seize and retain anything for which a search has been authorised under11The further conditions mentioned in paragraph 9(a)(ii) are—12If a person fails to comply with an order under paragraph 4, a county courtCosts13The costs of any application under this Schedule and of anything done or to beSCHEDULE 2PRESERVED POWERS OF ARRESTSCHEDULE 2AFingerprinting and samples: power to require attendance at police stationPart 1FingerprintingPersons arrested and released1A constable may require a person to attend a police station for the purpose ofPersons charged etc2A constable may require a person to attend a police station for the purpose ofPersons convicted etc of an offence in Northern Ireland3A constable may require a person to attend a police station for the purpose ofPersons subject to a control order4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Persons convicted etc of an offence outside Northern Ireland5A constable may require a person to attend a police station for the purpose ofMultiple attendance6Where a person's fingerprints have been taken under Article 61 on two occasions in relationPart 2Intimate samplesPersons suspected to be involved in an offence7A constable may require a person to attend a police station for the purpose ofPersons convicted etc of an offence outside Northern Ireland8A constable may require a person to attend a police station for the purpose ofPart 3Non-intimate samplesPersons arrested and released9A constable may require a person to attend a police station for the purpose ofPersons charged etc10A constable may require a person to attend a police station for the purpose ofPersons convicted etc of an offence in Northern Ireland11A constable may require a person to attend a police station for the purpose ofPersons subject to a control order12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Persons convicted etc of an offence outside Northern Ireland13A constable may require a person to attend a police station for the purpose ofMultiple exercise of power14Where a non-intimate sample has been taken from a person under Article 63 on twoPart 4General and supplementaryRequirement to have power to take fingerprints or sample15A power conferred by this Schedule to require a person to attend a police stationDate and time of attendance16A requirement under this Schedule—Enforcement17A constable may arrest without warrant a person who has failed to comply with aSCHEDULE 3PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)1In any criminal proceedings where it is desired to give a statement in evidence in2Notwithstanding paragraph 1, a court may require oral evidence to be given of anything of3Any person who in a certificate tendered under paragraph 1 in a magistrates' court, a4In estimating the weight, if any, to be attached to a statement regard shall be5For the purposes of paragraph 4 information shall be taken to be supplied to a6For the purpose of deciding whether or not a statement is admissible in evidence the7Provision may be made by the rules mentioned in paragraph (3) of Article 68 supplementingSchedule 4—AmendmentsSCHEDULE 5PART IOFFENCES MENTIONED IN ARTICLE 87(2)(a)1Treason.2Murder.3Manslaughter.4Rape.5Kidnapping.6Incest with a girl under the age of 14.7Buggery with a person under the age of 16.8Indecent assault which constitutes an act of gross indecency.9An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2)PART IIOFFENCES MENTIONED IN ARTICLE 87(2)(b)Explosive Substances Act 1883 (c. 3)1Section 2 (causing explosion likely to endanger life or property).Criminal Law Amendment Act 1885 (c. 69)2Section 4 (unlawful carnal knowledge of a girl under the age of 14).The Road Traffic (Northern Ireland) Order 19812AArticle 172B (aggravated vehicle‐taking causing death or grievous bodily injury).Para. 3 rep. by 1995Paras. 4‐6 rep. by 2004Taking of Hostages Act 1982 (c. 28)7Section 1 (hostage‐taking).Aviation Security Act 1982 (c. 36)8Section 1 (hijacking).Criminal Justice Act 1988 (c. 33)9Section 134 (torture).Aviation and Maritime Security Act 1990 (c. 31)10Section 1 (endangering safety at aerodromes).11Section 9 (hijacking of ships).12Section 10 (seizing or exercising control of fixed platforms).Protection of Children (Northern Ireland) Order 1978 (1978 N.I. 17)13Article 3 (indecent photographs and pseudo-photographs of children).Channel Tunnel (Security) Order 1994 No. 57013Article 4 (hijacking of Channel Tunnel trains).14Article 5 (seizing or exercising control of the tunnel system).Road Traffic (Northern Ireland) Order 199513AArticle 9 (causing death, or grievous bodily injury, by dangerous driving).14Article 14 (causing death, or grievous bodily injury, by careless driving when under the influenceDomestic Violence, Crime and Victims Act 200415Section 5 (causing or allowing the death of a child or vulnerable adult).Firearms (Northern Ireland) Order 200416Article 58(1) (possession of firearm with intent to endnager life,17Article 59(1) (use of firearm or imitation firearm to resist arrest).18Article 60 (carrying firearm or imitation firearm with criminal intent).Schedule 6—Minor and Consequential AmendmentsSchedule 7—RepealsStatutory Instruments1989 No. 1341 (N.I. 12)The Police and Criminal Evidence (Northern Ireland) Order 1989 F12nd August 1989