Police (Amendment) (Northern Ireland) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2993 |
1995 No. 2993 (N.I. 17)
NORTHERN IRELAND
The Police (Amendment) (Northern Ireland) Order 1995
Made 23th November 1995
Coming into operation on days to be appointed under Article 1(2)
At the Court at Buckingham Palace, the 23rd day of November 1995
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 19741and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
Introductory
Title and commencement
1.—(1) This Order may be cited as the Police (Amendment) (Northern Ireland) Order 1995.
(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint.
(3) An order under paragraph (2)
may make such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into operation by the order.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 19542shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the principal Act” means the Police Act (Northern Ireland) 19703;
“the 1987 Order” means the Police (Northern Ireland) Order 19874;
“the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 19895.
PART II
Police Powers
Application of 1989 Order to persons taken to police station from custodial establishments.
3.—(1) In Article 2
(3) of the 1989 Order (circumstances in which a person is in police detention fo the purpose of that Order) after sub-paragraph(b) there shall be added
“or
(c)
(c) he is arrested at a police station after being taken to the station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953,”.
(2) Article 31 of the 1989 Order shall be renumbered as paragraph (1) of that Article and at the end of that Article there shall be added the following paragraph—
“2 Where—
(a) a person is taken to a police station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953; and
(b) while he is there it appears to a constable that he is liable to arrest for an offence,
he shall be arrested for that offence.”.
(3) In Article 35 of the 1989 Order in paragraph (2) for the words “paragraph (4)” there shall be substituted the words “paragraphs (4) and (4A)” and after paragraph (4) there shall be inserted the following paragraph—
“4A Nothing in this Part requires the release of a person who was arrested after being taken to a police station from a custodial establishment in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953 and this Part shall have effect in relation to such a person as if references to a person being released (either on bail or without bail) were references to a person being returned to the custody of the governor of the custodial establishment from which he was taken to the police station.”.
(4) In Article 42(2)(b) of the 1989 Order after head (ii) there shall be inserted
“or
(iii)
(iii) is taken to a police station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953;”.
Entry to arrest a person unlawfully at large
4. In Article 19(1) of the 1989 Order (entry for purpose of arrest) after sub-paragraph (c) there shall be inserted the following sub-paragraphs—
“(ca)
“(ca) of recapturing a person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained in a prison, young offenders centre, training school, remand centre or remand home or in any other place in pursuance of section 73 of the Children and Young Persons Act (Northern Ireland) 1968;
(cb)
(cb) of arresting a person in pursuance of section 49(1) of the Prison Act 1952 or section 40(1) of the Prisons (Scotland) Act 1989;”.
Extension of powers to search persons' mouths
5.—(1) In Article 34 of the 1989 Order (powers of search upon arrest) in paragraph (4), at the end,there shall be added the words “but they do authorise a search of a person’s mouth”.
(2) In Article 53 of the 1989 Order (interpretation) after the definition of “intimate sample” there shall be inserted the following definition—
““intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;”.
Police detention after charge
6.—(1) Article 39 of the 1989 Order (which requires an arrested person charged with an offence to be released except in specified circumstances) shall be amended as follows.
(2) In paragraph (1)(a) after head (i) there shall be inserted the following head—
“(ia)
“(ia) in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;”.
(3) After paragraph (1) there shall be inserted the following paragraph—
“1A In paragraph (1) “imprisonable offence” means an offence for which a person over the age of 21 years is liable, on first conviction, to a term of imprisonment.”.
Power for police to arrest for failure to answer police bail
7.—(1) After Article 47 of the 1989 Order there shall be inserted the following Article—
“Power of arrest for failure to answer to police bail
47A.—(1) A constable may arrest without a warrant any person who, having been released on bail under this Part subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.
(2) A person who is arrested under this Article shall be taken to the police station appointed as the place at which he is to surrender to custody as soon as practicable after the arrest.
(3) For the purposes of—
(a)
(a) Article 32 (subject to the obligation in paragraph (2), and
(b)
(b) Article 33,
an arrest under this Article shall be treated as an arrest for an offence.”.
(2) In Article 35 of the 1989 Order (limitations on police detention) after paragraph (7) there shall be added the following paragraph—
“8 For the purposes of this Part a person who returns to a police station to answer to bail or is arrested under Article 47A shall be treated as arrested for an offence and the offence in connection with which he was granted bail shall be deemed to be that offence.”.
(3) In consequence of the foregoing amendments the 1989 Order shall be amended as follows—
(a)
(a) in Article 38(1), sub-paragraph (b) shall be omitted;
(b)
(b) in Articles 42(7), 43(10) and 44(18), at the end, there shall be inserted the words “; but this paragraph does not prevent an arrest under Article 47A.”; and
(c)
(c) in Article 48(11), at the end, there shall be inserted the words “; but this paragraph does not apply to a person who is arrested under Article 47A or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by Article 35(8) to have been arrested for an offence).”.
(4) This Article applies whether the person released on bail was granted bail before or after the coming into operation of this Article.
Samples: intimate and non-intimate, etc.
8.—(1) Article 53 of the 1989 Order (which contains definitions of intimate and non-intimate samples and other relevant definitions) shall be amended as follows.
(2) For the definition of “intimate sample” there shall be substituted—
““intimate sample” means—
(a) a sample of blood, semen or any other tissue fluid, urine or pubic hair;
(b) a dental impression;
(c) a swab taken from a person’s body orifice other than the mouth;”
(3) For the definition of “non-intimate sample” there shall be substituted—
““non-intimate sample” means—
(a) a sample of hair other than pubic hair;
(b) a sample taken from a nail or from under a nail;
(c) a swab taken from any part of a person’s body including the mouth but not any other body orifice;
(d) saliva;
(e) a footprint or a similar impression of any part of a person’s body other than a part of his hand;”.
(4) After the definition of “non-intimate sample” there shall be inserted the following definitions—
““registered dentist” has the same meaning as in the Dentists Act 1984; “speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in Article 63A(1);
“sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.”.
Fingerprinting
9.—(1) Article 61 of the 1989 Order (which regulates the taking of fingerprints) shall be amended as follows.
(2) After paragraph (7) there shall be inserted the following paragraph—
“7A If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent—
(a) before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.”
(3) In paragraph (8), after the word “them” there...
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