The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005

Statutory Instruments

2005 No. 2692

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005

Approved by both Houses of Parliament

Made

20th June 2005

Laid before Parliament

23rd June 2005

Coming into force

15th July 2005

Whereas:

(1) in pursuance of section 23 of the Criminal Procedure and Investigations Act 1996(1) (“the Act”) the Secretary of State must prepare a code of practice containing provisions designed to secure the matters referred to in subsection (1) of that section;

(2) in pursuance of section 25(4) of the Act the Secretary of State may from time to time revise a code of practice previously brought into operation and subsections (1) to (3) of section 25 apply to such a revised code;

(3) in pursuance of section 25(1) of the Act the Secretary of State published a draft revised code of practice to replace the code brought into operation on 13th November 1997, considered representations made about the draft and modified the draft accordingly;

(4) in pursuance of section 25(2) of the Act the Secretary of State has laid the revised code of practice before each House of Parliament;

(5) This Order has been approved by resolution of each House of Parliament;

Now therefore, the Secretary of State, in exercise of the powers conferred upon him by section 25(2) of the Act, hereby makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 2005 and shall come into force on 15th July 2005.

(2) This Order extends only to Northern Ireland.

Appointed day

2.  The day hereby appointed for the purpose of section 25(2) of the Criminal Procedure and Investigations Act 1996 is 15th July 2005 and the code of practice laid before Parliament on 25th May 2005 containing the provisions referred to in section 23 of that Act shall come into operation accordingly on that day.

Revocation

3.  The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 1997(2) is hereby revoked.

David Hanson

Minister of State

Northern Ireland Office

20th June 2005

Explanatory Note

(This note is not part of the Order)

This Order appoints 15th July 2005 as the day on which the revised code of practice prepared under section 23 of the Criminal Procedure and Investigations Act 1996 (“the Act”) and laid before each House of Parliament on 25th May 2005 is brought into operation in Northern Ireland.

The code of practice, which contains provisions relating to the conduct of criminal investigations, applies by virtue of section 25(3) of the Act in relation to suspected or alleged offences into which no criminal investigation has begun before the day on which the code comes into operation.

The code brought into operation by this Order replaces the one brought into operation by the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Northern Ireland) Order 1997.

(1)

1996 c. 25.

(2)

1997 No. 3047