2009 No. 142
POLICE

The Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009

Made
To be laid before Parliament
Coming into operation
The Secretary of State in exercise of the powers conferred on him by section 56(2) of the Police (Northern Ireland) Act 19981 hereby makes the following Order.

Citation and commencement1.

This Order may be cited as the Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 and shall come into operation on 18th May 2009.

Interpretation2.

In this Order, unless the context otherwise requires—

“the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 19892;

Officer” means an officer of the Ombudsman;

Ombudsman” means the Police Ombudsman for Northern Ireland established under section 51 of the Police (Northern Ireland) Act 1998.

Application3.

(1)

Subject to the modifications in paragraphs (2) and (3) and Schedule 2, the provisions of the 1989 Order contained in Schedule 1 which relate to the investigations of offences conducted by police officers or to persons detained by the police shall apply to investigations conducted by officers which relate to matters of the Ombudsman under Part VII of the Police (Northern Ireland) Act 1998.

(2)

Where in the 1989 Order any act or thing is to be done by a constable or police officers of a rank specified in column 1 Part II of Schedule 2, that act or thing shall be done by an officer of at least the grade specified in column 2 of Schedule 2 and the 1989 Order shall be applied as if that grade were specified in that Order.

(3)

Where any provision of the 1989 Order as applied to an officer—

(a)

confers a power on an officer, and

(b)

does not provide that that power may only be exercised with the consent of some person other than an officer,

the officer may use reasonable force, if necessary, in the exercise of the power.

Revocation4.

The Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 20003 is hereby revoked.
Paul Goggins
Minister of State

Northern Ireland Office

SCHEDULE 1Provisions of the 1989 Order applied to an Officer of the Ombudsman

Article 3(1)

  • Article 3 (powers to stop and search)4
  • Article 4 (powers relating to search under Article 3 and other powers)5
  • Article 5 (duty to make records concerning searches)6
  • Article 7 (reports of recorded searches)

  • Article 10 (power of Justice of the Peace to authorise entry and search of premises)7
  • Article 11(1) and (2) (special provisions to access) and Schedule 1 (special procedure)8
  • Article 12 (meaning of “items subject to legal privilege”)

  • Article 13 (meaning of “excluded material”)

  • Article 14 (meaning of “personal records”)

  • Article 15 (meaning of “journalistic material”)

  • Article 16 (meaning of “special procedure material”)

  • Article 17 (search warrants—safeguards)9
  • Article 18 (execution of warrants)10
  • Article 19(1)(b), (2) and (3) (entry for purpose of arrest etc.)11
  • Article 20(1) to (8) (entry and search after arrest)12
  • Article 21 (general power of seizure etc.)13
  • Article 22 (extension of powers of seizure to computerised information)14
  • Article 23 (access and copying)15
  • Article 24(1) to (4) (retention)

  • Article 25 (meaning of premises)

  • Article 26 (arrest without warrant)16
  • Article 30 (information to be given on arrest)17
  • Article 31 (voluntary attendance at a police station etc.)18
  • Article 32(1) to (14) (arrest elsewhere than at a police station)19
  • Article 33 (arrest for further offences)

  • Article 34(1) to (9) (search upon arrest)(subject to modifications in Article 5)20
  • Article 35(1) to (6) (limitations on police detention)21
  • Article 40(2) and (3) (responsibilities in relation to detained persons)22
  • Article 44 (warrants of further detention)23
  • Article 45 (extension of warrants of further detention)

  • Article 46 (detention before charge—supplementary)

  • Article 47 (detention after charge)

  • Article 49 (police detention to count towards custodial sentence)

  • Article 50 (records of detention)24
  • Article 51(d) (savings)

  • Article 55 (searches of detained persons)25
  • Article 55A (searches and examination to ascertain identity)

  • Article 56 (intimate searches)26
  • Article 56A (x-rays and ultrasound scans)

  • Article 57(1) to (9) (right to have someone informed when arrested)27
  • Article 59(1) to (11) (access to legal advice)28
  • Article 60 (tape-recording of interviews)29
  • Article 61 (fingerprinting)30
  • Article 61A (impressions of footwear)

  • Article 62(1) to (9 A) (intimate samples)31
  • Article 63 (other samples)32
  • Article 63A (fingerprints and samples: supplementary provisions)33
  • Article 64(1) to (7) (destruction of fingerprints and samples)34
  • Article 64A (photographing of suspects)

  • Article 65 (codes of practice)35
  • Article 66(1) to (8) and (9) to (11 A) (codes of practice—supplementary)36
  • Article 88 (power of constable to use reasonable force)

SCHEDULE 2Equivalent Grades of Officers

Article3(2)

Where in the 1989 Order, an act or thing is to be done by a constable or police officer of the rank specified in column 1 below, that same act or thing shall, in the application of the 1989 Order be done by an officer of at least the grade specified in column 2 below.

Column 1

Column 2

Rank of constable or police officer

Grade of officer

Superintendent

Senior Investigation Officer

Inspector

Investigation Officer

Sergeant

Assistant Investigation Officer

(This note is not part of the Order)

This Order applies certain provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989, subject to specified modifications, to relevant investigations conducted by officers of the Police Ombudsman and to persons detained by such officers.

Article 3 of the Order applies the provisions of the 1989 Order contained in Schedule 1, subject to specified modifications, to the investigation of offences conducted by officers of the Police Ombudsman and to persons detained by such officers. Schedule 2 to the Order specifies the equivalent police and Ombudsman Officer grades.

Article 4 provides for the revocation of the earlier instrument.