The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/288 |
| Year | 2007 |
2007 No. 288 (N.I. 2)
NORTHERN IRELAND
The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007
7thFebruary 2007
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. Title and commencement
2. Interpretation
PART II
POWERS TO STOP AND SEARCH
3. Power to stop and search for prohibited fireworks
4. Provisions relating to searches
5. Duty to make records concerning searches
6. Road checks
PART III
POWERS OF ENTRY, SEARCH AND SEIZURE
7. Search warrants
8. Special procedure material
9. Search warrants - safeguards
10. Execution of warrants
11. Entry for purposes of arrest, etc.
12. Entry and search after arrest
13. Access and copying
14. Retention
PART IV
ARREST
15. Powers of arrest
16. Fingerprinting of certain offenders
17. Search upon arrest
18. Arrested juveniles
PART V
DETENTION
19. Detention reviews
20. Use of telephone for review of detention
21. Authorisation of continued detention
22. Warrants of further detention
23. Use of video conferencing facilities for decisions about detention
24. Bail after arrest
PART VI
QUESTIONING AND TREATMENT OF PERSONS BY POLICE
25. Definitions
26. Intimate searches
27. Right to have someone informed when arrested
28. Access to legal advice
29. Visual recording of interviews
30. Fingerprinting
31. Impressions of footwear
32. Intimate samples
33. Non-intimate samples
34. Fingerprints and samples: supplementary
35. Destruction of fingerprints and samples
36. Photographing of suspects. etc
PART VII
CODES OF PRACTICE
37. Codes of practice
PART VIII
EVIDENCE IN CRIMINAL PROCEEDINGS
38. Confessions by mentally handicapped persons
PART IX
POLICE: GENERAL
39. Police officers performing duties of higher rank
PART X
SUPPLEMENTARY
40. Regulations
41. Minor amendment and repeals
SCHEDULES:
Schedule 1
Powers of arrest: supplementary
Schedule 2
Repeals
At the Court at Buckingham Palace, the 7th day of February 2007
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and 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 (Amendment) (Northern Ireland) Order 2007.
(2) Except as provided by paragraph (3), this Order comes into operation on 1st March 2007.
(3) Articles 18 and 25(2) come into operation on such day as the Secretary of State may by order appoint.
(4) An order under paragraph (3) may contain such transitional or saving provisions as the Secretary of State thinks appropriate.
Interpretation
2.-
(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order "PACE" means the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12).
PART II
POWERS TO STOP AND SEARCH
Power to stop and search for prohibited fireworks
3.-
(1) Article 3 of PACE (powers of constables to stop and search) is amended as follows.
(2) In paragraph (2) for "or any article to which paragraph (9) applies" substitute ", any article to which paragraph (9) applies or any firework to which paragraph (9A) applies".
(3) In paragraph (3) for "or any article to which paragraph (9) applies" substitute ", any article to which paragraph (9) applies or any firework to which paragraph (9A) applies".
(4) In paragraph (6) for "or an article to which paragraph (9) applies" substitute ", an article to which paragraph (9) applies or a firework to which paragraph (9A) below applies".
(5) After paragraph (9) insert-
(9A) This paragraph applies to any firework within the meaning of the Explosives (Fireworks) Regulations (Northern Ireland) 2002 (SR 2002 No. 147) which a person possesses in contravention of those Regulations..
Provisions relating to searches
4.-
(1) Article 4 of PACE (provisions relating to searches) is amended as follows.
(2) In paragraph (4)(a) after "constable's" insert "name and".
(3) In paragraph (7)(b) after "his" insert "name and".
Duty to make records concerning searches
5.-
(1) Article 5 of PACE (duty to make records concerning searches) is amended as follows.
(2) In paragraph (6)(b) after "his" insert "name and".
Road checks
6.-
(1) Article 6 of PACE (road checks) is amended as follows.
(2) In paragraph (4) for "a serious arrestable offence" (wherever it occurs) substitute "an indictable offence".
(3) In paragraph (14) for "serious arrestable offence" substitute "indictable offence".
PART III
POWERS OF ENTRY, SEARCH AND SEIZURE
Search warrants
7.-
(1) Article 10 of PACE (power of lay magistrate to authorise entry and search of premises) is amended as follows.
(2) In paragraph (1)(a) for "a serious arrestable offence" substitute "an indictable offence".
(3) In paragraph (1)-
(a) in sub-paragraph (b), for "specified in the application" substitute "mentioned in paragraph (1A)",(b) in sub-paragraph (e), at the end add "in relation to each set of premises specified in the application".(4) After paragraph (1) insert-
(1A) The premises referred to in paragraph (1)(b) are-
(a) one or more sets of premises specified in the application (in which case the application is for a "specific premises warrant"); or(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an "all premises warrant").(1B) If the application is for an all premises warrant, the lay magistrate must also be satisfied-
(a) that because of the particulars of the offence referred to in sub-paragraph (a) of paragraph (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in sub-paragraph (b) of that paragraph; and(b) that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.(1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the lay magistrate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.
(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum..
(5) In paragraph (6) for "a serious arrestable offence" substitute "an indictable offence".
Special procedure material
8.-
(1) Schedule 1 to PACE (special procedure for access to certain material) is amended as follows.
(2) In paragraph 2(a)(i) for "a serious arrestable offence" substitute "an indictable offence".
(3) In each of paragraphs 2(a)(ii) and 3(a) at the end add ", or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify);".
(4) In paragraph 3(b) for "the premises" substitute "such premises".
(5) In paragraph 9-
(a) in sub-paragraph (a)(ii), after "fulfilled" insert "in relation to each set of premises specified in the application",(b) at the end add "or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an "all premises warrant")".(6) After paragraph 9 insert-
9A.The judge may not issue an all premises warrant unless he is satisfied-
(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and(b) that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched..(7) In paragraph 11(a) omit "to which the application relates".
Search warrants - safeguards
9.-
(1) Article 17 of PACE (search warrants - safeguards) is amended as follows.
(2) In paragraph (2)(a)-
(a) omit "and" at the end of head (i),(b) at the end of head (ii) insert "and",(c) after that head insert-(iii) if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;.(3) For paragraph (2)(b) substitute-
(b) to specify the matters set out in paragraph (2A); and.(4) After paragraph (2) insert-
(2A) The matters which must be specified pursuant to paragraph (2)(b) are-
(a) if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;(b) if the application relates to any premises occupied or controlled by a person specified in the application,-(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;(iii) why it is necessary to search more premises than those specified under head (i); and(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search..(5) In paragraph (5), at the end add "unless it specifies that it authorises multiple entries".
(6) After paragraph (5) insert-
(5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified...
To continue reading
Request your trial