SCHEDULES

SCHEDULE 3Police powers: amendments

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

1

In Article 2 of the 1989 Order (general interpretation) after paragraph (4) insert—

4A

Where a person is in another’s lawful custody by virtue of paragraph 8, 22(1) or 23(2) of Schedule 2 to the Police (Northern Ireland) Act 2003, he shall be treated as being in police detention for the purposes of this Order.

2

In Article 20(5) of the 1989 Order (power of constable to conduct search of arrested person’s premises before taking him to a police station) for “taking the person” substitute “ the person is taken ”.

3

In Article 55A(6) of the 1989 Order (persons entitled to carry out search or examination or to take photographs) for sub-paragraphs (a) and (b) and the words after sub-paragraph (b) substitute “ constables ”.

4

In Article 61 of the 1989 Order (fingerprinting) after paragraph (8) insert—

8A

The fingerprints of a person detained at a police station may be taken without the appropriate consent by a constable.

5

In Article 63 of the 1989 Order (non-intimate samples) after paragraph (9) insert—

9A

The power to take a non-intimate sample from a person without the appropriate consent is exercisable by a constable.

6

In Article 64A(3) of the 1989 Order (persons entitled to photograph detainees) for sub-paragraphs (a) and (b) and the words after sub-paragraph (b) substitute “ constables ”.

7

1

Article 66 of the 1989 Order (codes of practice: supplementary) is amended as follows.

2

After paragraph (8) insert—

8A

A person on whom powers are conferred or duties are imposed by a designation under section 30 or 31 of the Police (Northern Ireland) Act 2003 shall have regard to any relevant provision of a code of practice to which this Article applies in—

a

the exercise of the powers conferred on him by the designation;

b

the performance of the duties imposed on him by the designation.

3

In paragraph (9) after sub-paragraph (b) insert—

; or

c

of a person designated under section 30 or 31 of the Police (Northern Ireland) Act 2003 to comply with paragraph (8A),