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The Police and Criminal Evidence (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.General interpretation

  3. PART II POWERS TO STOP AND SEARCH

    1. 3.Power of constable to stop and search persons, vehicles etc.

    2. 4.Provisions relating to search under Article 3 and other powers

    3. 5.Duty to make records concerning searches

    4. 6.Road checks

    5. 7.Reports of recorded searches and of road checks

    6. 8.Statutory undertakers etc.

    7. 9.Part II—supplementary

  4. PART III POWERS OF ENTRY, SEARCH AND SEIZURE

    1. Search warrants

      1. 10.Power of justice of the peace to authorise entry and search of premises

      2. 11.Special provisions as to access

      3. 12.Meaning of “items subject to legal privilege”

      4. 13.Meaning of “excluded material”

      5. 14.Meaning of “personal records”

      6. 15.Meaning of “journalistic material”

      7. 16.Meaning of “special procedure material”

      8. 17.Search warrants—safeguards

      9. 18.Execution of warrants

    2. Entry and search without search warrant

      1. 19.Entry for purpose of arrest etc.

      2. 20.Entry and search after arrest

    3. Seizure etc.

      1. 21.General power of seizure etc.

      2. 22.Extension of powers of seizure to computerised information

      3. 23.Access and copying

      4. 24.Retention

    4. Supplementary

      1. 25.Meaning of “premises” etc.

  5. PART IV ARREST

    1. 26.Arrest without warrant for arrestable offences

    2. 27.General arrest conditions

    3. 28.Repeal of statutory powers of arrest without warrant or order

    4. 29.Fingerprinting of certain offenders

    5. 30.Information to be given on arrest

    6. 31.Voluntary attendance at police station etc.

    7. 32.Arrest elsewhere than at police station

    8. 33.Arrest for further offence

    9. 34.Search upon arrest

  6. PART V DETENTION

    1. Detention—conditions and duration

      1. 35.Limitations on police detention

      2. 36.Designated police stations

      3. 37.Custody officers at police stations

      4. 38.Duties of custody officer before charge

      5. 39.Duties of custody officer after charge

      6. 40.Responsibilities in relation to persons detained

      7. 41.Review of police detention

      8. 42.Limits on period of detention without charge

      9. 43.Authorisation of continued detention

      10. 44.Warrants of further detention

      11. 45.Extension of warrants of further detention

      12. 46.Detention before charge—supplementary

    2. Detention—miscellaneous

      1. 47.Detention after charge

      2. 48.Bail after arrest

      3. 49.Police detention to count towards custodial sentence

      4. 50.Records of detention

      5. 51.Savings

      6. 52.Children

  7. PART VI QUESTIONING AND TREATMENT OF PERSONS BY POLICE

    1. 53.Interpretation of Part VI

    2. 54.Abolition of certain powers of constables to search persons

    3. 55.Searches of detained persons

    4. 56.Intimate searches

    5. 57.Right to have someone informed when arrested

    6. 58.Additional rights of children and young persons

    7. 59.Access to legal advice

    8. 60.Tape-recording of interviews

    9. 61.Fingerprinting

    10. 62.Intimate samples

    11. 63.Other samples

    12. 64.Destruction of fingerprints and samples

  8. PART VII CODES OF PRACTICE—GENERAL

    1. 65.Codes of practice

    2. 66.Codes of practice—supplementary

  9. PART VIII DOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS

    1. 67.Interpretation of Part VIII

    2. 68.Evidence from computer records

    3. 69.Microfilm copies

  10. PART IX EVIDENCE IN CRIMINAL PROCEEDINGS—GENERAL

    1. 70.Interpretation of Part IX

    2. Convictions and acquittals

      1. 71.Proof of convictions and acquittals

      2. 72.Conviction as evidence of commission of offence

      3. 73.Provisions supplementary to Article 72

    3. Confessions

      1. 74.Confessions

      2. 75.Confessions by mentally handicapped persons

    4. Miscellaneous

      1. 76.Exclusion of unfair evidence

      2. 77.Time for taking accused’s evidence

      3. 78.Abolition of right of accused to make unsworn statement

      4. 79.Competence and compellability of accused’s spouse

      5. 80.Advance notice of expert evidence in Crown Court

      6. 81.Evidence through television links

  11. PART X POLICE—GENERAL

    1. 82.Arrangements for obtaining the views of the community on policing

    2. 83.Local inquiries

    3. 84.Police officers performing duties of higher rank

  12. PART XI MISCELLANEOUS AND SUPPLEMENTARY

    1. 85.Application of Order to Customs and Excise

    2. 86.Service of summons, etc. by post

    3. 87.Meaning of “serious arrestable offence”

    4. 88.Power of constable to use reasonable force

    5. 89.Orders and regulations

    6. 90.Amendments and repeals

  13. Signature

  14. SCHEDULES

    1. SCHEDULE 1

      SPECIAL PROCEDURE

      1. Making of orders by county court judge

        1. 1.If on an application made by a constable a county...

        2. 2.The first set of access conditions is fulfilled if—

        3. 3.The second set of access conditions is fulfilled if—

        4. 4.An order under this paragraph is an order that the...

        5. 5.Where the material consists of information contained in a computer—...

        6. 6.For the purposes of Articles 23 and 24 material produced...

      2. Notices of applications for orders

        1. 7.An application for an order under paragraph 4 shall be...

        2. 8.Where notice of an application for an order under paragraph...

      3. Issue of warrants by county court judge

        1. 9.If on an application made by a constable a county...

        2. 10.A constable may seize and retain anything for which a...

        3. 11.The further conditions mentioned in paragraph 9(a)(ii) are—

        4. 12.(1) If a person fails to comply with an order...

      4. Costs

        1. 13.The costs of any application under this Schedule and of...

    2. SCHEDULE 2

      PRESERVED POWERS OF ARREST

    3. SCHEDULE 3

      PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)

      1. 1.In any criminal proceedings where it is desired to give...

      2. 2.Notwithstanding paragraph 1, a court may require oral evidence to...

      3. 3.Any person who in a certificate tendered under paragraph 1...

      4. 4.In estimating the weight, if any, to be attached to...

      5. 5.For the purposes of paragraph 4 information shall be taken...

      6. 6.For the purpose of deciding whether or not a statement...

      7. 7.Provision may be made by the rules mentioned in paragraph...

    4. SCHEDULE 4

      AMENDMENTS RELATING TO THE SERVICE OF SUMMONS, ETC. BY POST

      1. The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28(N.I.))

        1. 1.(1) In section 1(8), at the beginning insert the words...

      2. The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

        1. 2.After Article 25 insert the following Article— Proceedings invalid where...

        2. 3.In Article 126— (a) in paragraph (1) after the word...

    5. SCHEDULE 5

      SERIOUS ARRESTABLE OFFENCES

      1. PART I OFFENCES MENTIONED IN ARTICLE 87(2)(a)

        1. 1.Treason.

        2. 2.Murder.

        3. 3.Manslaughter.

        4. 4.Rape.

        5. 5.Kidnapping.

        6. 6.Incest with a girl under the age of 14.

        7. 7.Buggery with— (a) a boy under the age of 16;...

        8. 8.Indecent assault which constitutes an act of gross indecency.

      2. PART II OFFENCES MENTIONED IN ARTICLE 87(2)(b)

        1. Explosive Substances Act 1883 (c. 3)

          1. 1.Section 2 (causing explosion likely to endanger life or property)....

        2. Criminal Law Amendment Act 1885 (c. 69)

          1. 2.Section 4 (unlawful carnal knowledge of a girl under the...

        3. Road Traffic (Northern Ireland) Order 1981 (1981 NI 1)

          1. 3.Article 139(1) (causing death or grievous bodily injury by reckless...

        4. Firearms (Northern Ireland) Order 1981 (1981 NI 2)

          1. 4.Article 17 (possession of firearm with intent to injure).

          2. 5.Article 18(1) (use of firearm or imitation firearm to resist...

          3. 6.Article 19 (carrying firearm or imitation firearm with criminal intent)....

        5. Taking of Hostages Act 1982 (c. 28)

          1. 7.Section 1 (hostage-taking).

        6. Aviation Security Act 1982 (c. 36)

          1. 8.Section 1 (hijacking).

        7. Criminal Justice Act 1988 (c. 33)

          1. 9.Section 134 (torture).

    6. SCHEDULE 6

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Railway Regulation Act 1840 (c. 97)

        1. 1.In section 16 (persons obstructing officers of railway company or...

      2. The Summary Jurisdiction (Ireland) Act 1851 (c. 92)

        1. 2.In section 14, in paragraph 2 for the words from...

      3. The Game Preservation Act (Northern Ireland) 1928 (c. 25 (N.I.))

        1. 3.In section 2(3), at the end add “or for the...

      4. The Army Act 1955 (c. 18)

        The Air Force Act 1955 (c. 19)

        1. 4.For section 195(3) of each Act substitute—

      5. The Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.))

        1. 5.In section 4, after subsection (1) insert the following subsection—...

      6. The Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

        1. 6.(1) In section 27(2), for the words from “apprehend” to...

      7. The Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

        1. 7.In paragraph 2 of Schedule 1, for the words from...

      8. The Immigration Act 1971 (c. 77)

        1. 8.In section 25(3) for the words “A constable or” substitute...

      9. The Customs and Excise Management Act 1979 (c. 2)

        1. 9.In section 138(4), after paragraph (b) add the following— or...

      10. The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

        1. 10.In Article 19— (a) after paragraph (1) insert the following...

      11. The Diseases of Animals (Northern Ireland) Order 1981 (NI 22)

        1. 11.In Article 42(4), for the words from “whether” to “or...

      12. The Food and Environment Protection Act 1985 (c. 48)

        1. 12.In paragraph 7 of Schedule 2, in sub-paragraph (4) after...

      13. The Wildlife (Northern Ireland) Order 1985 (NI 2)

        1. 13.In Article 25(2) (enforcement powers), after the words “paragraph (1)”...

      14. The Betting, Gaming, Lotteries and Amusements(Northern Ireland) Order 1985 (NI 11)

        1. 14.In Article 5(2), for the words from the beginning to...

      15. The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (NI 16)

        1. 15.In Article 8(6) for the words from “by section 1”...

      16. The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)

        1. 16.(1) In Articles 3(1) and 4(1), in each place after...

      17. The Criminal Evidence (Northern Ireland) Order 1988 (NI 20)

        1. 17.For paragraph (10) of Article 4 substitute the following—

      18. The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

        1. 18.In section 15(7), for paragraph (b) substitute—

      19. The Official Secrets Act 1989 (c. 6)

        1. 19.In section 11— (a) omit subsection (2); and

    7. SCHEDULE 7

      REPEALS

      1. PART I PROVISIONS REPEALED IN CONSEQUENCE OF PARTS II TO VI

      2. PART II PROVISIONS REPEALED IN RELATION TO CRIMINAL PROCEEDINGS IN CONSEQUENCE OF PART IX

      3. PART III PROVISIONS REPEALED GENERALLY IN CONSEQUENCE OF PART IX

  15. Explanatory Note

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