Police and Criminal Evidence (Northern Ireland) Order 1989
| Jurisdiction | UK Non-devolved |
1989 No. 1341 (N.I. 12)
NORTHERN IRELAND
The Police and Criminal Evidence (Northern Ireland) Order 1989
Made 2nd August 1989
Coming into operation in accordance with Article 1(2) and (3)
At the Court at Buckingham Palace, the 2nd day of August 1989
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 and Criminal Evidence (Northern Ireland) Order 1989.
(2) This Article and Articles 2, 29(4), 60(a), 65, 66 and 89 shall come into operation on the expiration of one month from the day on which the Order is made.
(3) The other provisions of this Order shall come into operation on such day or days as the Secretary of State may by order appoint.
(4) An order under paragraph (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.
General 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—
“arrestable offence” has the meaning assigned to it by Article 26;
“designated police station” has the meaning assigned to it by Article 36;
“document” has the same meaning as in Part I of the Civil Evidence Act (Northern Ireland) 19713;
“intimate search” means a search which consists of the physical examination of a person’s body orifices;
“items subject to legal privilege” has the meaning assigned to it by Article 12;
“parent or guardian” means—
(a) in the case of a child or young person in the care of the Department of Health and Social Services, that Department; and
(b) in the case of a child or young person in the care of a Health and Social Services Board, that Board;
“Police Authority” means the Police Authority for Northern Ireland;
“police officer” means a member of the Royal Ulster Constabulary or of the Royal Ulster Constabulary Reserve;
“premises” has the meaning assigned to it by Article 25;
“recordable offence” means any offence to which regulations under Article 29 apply;
“serious arrestable offence” has the meaning assigned to it by Article 87;
“statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 19544;
“the terrorism provisions” means section 14(1) of the Prevention of Terrorism (Temporary Provisions) Act 19895and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention;
“terrorism” has the meaning assigned to it by section 20(1) of that Act;
“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.
(3) Subject to paragraph (4), a person is in police detention for the purposes of this Order if—
(a)
(a) he has been taken to a police station after being arrested for an offence or after being arrested under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5 to that Act by an examining officer who is a constable; or
(b)
(b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,
and is detained there or is detained elsewhere in the charge of a constable.
(4) A person—
(a)
(a) who is at a court after being charged; or
(b)
(b) who has been taken from a custodial establishment and held in police custody pending his appearance at a court,
is not in police detention for those purposes.
(5) In paragraph (4) “custodial establishment” includes a prison, a young offenders centre, a training school, a remand centre and a remand home.
PART II
POWERS TO STOP AND SEARCH
Power of constable to stop and search persons, vehicles etc.
3.—(1) A constable may exercise any power conferred by this Article—
(a)
(a) in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
(b)
(b) in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.
(2) Subject to paragraphs (3) to (5), a constable—
(a)
(a) may search—
(i) any person or vehicle;
(ii) anything which is in or on a vehicle,
for stolen or prohibited articles or any article to which paragraph (9) applies; and
(b)
(b) may detain a person or vehicle for the purpose of such a search.
(3) This Article does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles or any article to which paragraph (9) applies.
(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this Article unless the constable has reasonable grounds for believing—
(a)
(a) that he does not reside in the dwelling; and
(b)
(b) that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this Article unless he has reasonable grounds for believing—
(a)
(a) that the person in charge of the vehicle does not reside in the dwelling; and
(b)
(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article or an article to which paragraph (9) applies, he may seize it.
(7) An article is prohibited for the purposes of this Part if it is—
(a)
(a) an offensive weapon; or
(b)
(b) an article—
(i) made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or
(ii) intended by the person having it with him for such use by him or by some other person.
(8) The offences to which sub-paragraph (b) of paragraph (7) applies are—
(a)
(a) burglary;
(b)
(b) theft;
(c)
(c) offences under section 12(2) of the Theft Act (Northern Ireland) 19696(taking of vehicles and other conveyances without authority);
(d)
(d) offences under section 15 of that Act (obtaining property by deception); and
(e)
(e) offences under Article 172 of the Road Traffic (Northern Ireland) Order 19817(taking of motor vehicle, etc. without owner’s consent or authority).
(9) This paragraph applies to any article in relation to which a person has committed, or is committing or is going to commit anoffence under section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place)8.
(10) In this Part “offensive weapon” means any article—
(a)
(a) made or adapted for use for causing injury to persons; or
(b)
(b) intended by the person having it with him for such use by him or by some other person.
Provisions relating to search under Article 3 and other powers
4.—(1) A constable who detains a person or vehicle in the exercise—
(a)
(a) of the power conferred by Article 3; or
(b)
(b) of any other power—
(i) to search a person without first arresting him; or
(ii) to search a vehicle without making an arrest,
need not conduct a search if it appears to him subsequently—
(i)
(i) that no search is required; or
(ii)
(ii) that a search is impracticable.
(2) If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—
(a)
(a) of the power conferred by Article 3; or
(b)
(b) of any other power, except a power conferred by any of the provisions referred to in paragraph (3)—
(i) to search a person without first arresting him; or
(ii) to search a vehicle without making an arrest,
it shall be his duty, subject to paragraph (5), to take reasonable steps before he commences the search to bring to the attention of the appropriate person—
(i)
(i) if the constable is not in uniform, documentary evidence that he is a constable; and
(ii)
(ii) whether he is in uniform or not, the matters specified in paragraph (4);
and the constable shall not commence the search until he has performed that duty.
(3) The provisions referred to for the purposes of paragraph (2)(b) are—
(a)
(a) Article 8,
(b)
(b) section 15, section 16 (in so far as the powers under that section are exercisable by a constable) and section 20 of the Northern Ireland (Emergency Provisions) Act 19789, and
(c)
(c) section 27(2) of the Aviation Security Act 198210.
(4) The matters referred to in paragraph (2)(ii) are—
(a)
(a) the constable’s police number and the name of the police station to which he is attached;
(b)
(b) the object of the proposed search;
(c)
(c) the constable’s grounds for proposing to make it; and
(d)
(d) the effect of Article 5(7) or (8), as may be appropriate.
(5) A constable need not bring the effect of...
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