The Police and Criminal Evidence (Northern Ireland) Order 1989
1989/1341 · Made 2 August 1989 · Extends to Northern Ireland
Annotations to the whole text
Textual amendments
- F1
mod. by 2005 c. 2
Modifications
- C1
Order applied (with modifications) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), art. 6, Sch. 3
- C2
Order applied (29.8.2023) by 2009 c. 1, s. 206P(7)-(9) (as inserted by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(d), Sch. 9 para. 1)
- C3
Order extended by Police (Northern Ireland) Act 2003 (c. 6), Sch. 4 para. 23A (as inserted (prosp.) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2), 6(2), Sch. 4 para. 5)
- C4
Order power to apply (with modifications) conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 23, 58(1) (with saving in s. 36(4))
- C5
Order: functions of Secretary of State transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)
- C6
Order: functions of Lord Chancellor transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 41 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2General interpretation
- Part II: POWERS TO STOP AND SEARCH
- 3Power of constable to stop and search persons, vehicles etc.
- 4Provisions relating to search under Article 3 and other powers
- 5Duty to make records concerning searches
- 6Road checks
- 7Reports of recorded searches and of road checks
- 8Statutory undertakers etc.
- 9Part II—supplementary
- Part III: POWERS OF ENTRY, SEARCH AND SEIZURE
- Search warrants
- 10Power of justice of the peace to authorise entry and search of premises
- 11Special provisions as to access
- 12Meaning of “items subject to legal privilege”
- 13Meaning of “excluded material”
- 14Meaning of “personal records”
- 15Meaning of “journalistic material”
- 16Meaning of “special procedure material”
- 17Search warrants—safeguards
- 18Execution of warrants
- Entry and search without search warrant
- 19Entry for purpose of arrest etc.
- 20Entry and search after arrest
- Seizure etc.
- 21General power of seizure etc.
- 22Extension of powers of seizure to computerised information
- 23Access and copying
- 24Retention
- Supplementary
- 25Meaning of “premises” etc.
- Part IV: ARREST
- 26Arrest without warrant: constables
- 26AArrest without warrant: other persons
- 27General arrest conditions Repealed
- 28Repeal of statutory powers of arrest without warrant or order
- 29Fingerprinting of certain offenders
- 30Information to be given on arrest
- 31Voluntary attendance at police station etc.
- 32Arrest elsewhere than at police station
- 32ABail elsewhere than at police station
- 32BBail under Article 32A: notices
- 32CBail under Article 32A: supplemental
- 32DFailure to answer to bail under Article 32A
- 33Arrest for further offence
- 34Search upon arrest
- Part V: DETENTION
- Detention—conditions and duration
- 35Limitations on police detention
- 36Designated police stations
- 37Custody officers at police stations
- 38Duties of custody officer before charge
- 39Duties of custody officer after charge
- 40Responsibilities in relation to persons detained
- 41Review of police detention
- 41AUse of telephone for review under Article 41
- 42Limits on period of detention without charge
- 43Authorisation of continued detention
- 44Warrants of further detention
- 45Extension of warrants of further detention
- 46Detention before charge—supplementary
- 46AUse of video-conferencing facilities for decisions about detention
- Detention—miscellaneous
- 47Detention after charge
- 47APower of arrest for failure to answer to police bail
- 48Bail after arrest
- 48AForfeiture of security
- 49Police detention to count towards custodial sentence
- 50Records of detention
- 51Savings
- 52Children
- VIQUESTIONING AND TREATMENT OF PERSONS BY POLICE
- 53Interpretation of Part VI
- 53A“Qualifying offence” etc
- 54Abolition of certain powers of constables to search persons
- 55Searches of detained persons
- 55ASearches and examination to ascertain identity
- 56Intimate searches
- 56AX-rays and ultrasound scans
- 57Right to have someone informed when arrested
- 59Access to legal advice
- 60Tape‐recording of interviews
- 60AVideo recording of interviews
- 61Fingerprinting
- 61AImpressions of footwear
- 62Intimate samples
- 63Other samples
- 63AFingerprints and samples: supplementary provisions
- 64Destruction of fingerprints and samples
- 64ZADestruction of samples Not yet in force
- 64ZBDestruction of data given voluntarily Not yet in force
- 64ZCDestruction of data relating to a person subject to a control order Not yet in force
- 64ZDDestruction of data relating to persons not convicted Not yet in force
- 64ZEDestruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences Not yet in force
- 64ZFDestruction of data relating to persons under 16 not convicted: qualifying offences Not yet in force
- 64ZGDestruction of data relating to persons aged 16 or 17 not convicted: qualifying offences Not yet in force
- 64ZHDestruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence Not yet in force
- 64ZIArticles 64ZB to 64ZH: supplementary provision Not yet in force
- 64ZJDestruction of fingerprints taken under Article 61(6A) Not yet in force
- 64ZKRetention for purposes of national security Not yet in force
- 64ZLRetention with consent Not yet in force
- 64ZMDestruction of copies, and notification of destruction Not yet in force
- 64ZNUse of retained material Not yet in force
- 64APhotographing of suspects etc.
- Part VII: CODES OF PRACTICE—GENERAL
- 65Codes of practice
- 66Codes of practice—supplementary
- VIIIDOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS
- 67Interpretation of Part VIII
- 69Microfilm copies
- Part IX: EVIDENCE IN CRIMINAL PROCEEDINGS—GENERAL
- 70Interpretation of Part IX
- Convictions and acquittals
- 71Proof of convictions and acquittals
- 72Conviction as evidence of commission of offence
- 73Provisions supplementary to Article 72
- Confessions
- 74Confessions
- 74AConfessions may be given in evidence for co-accused
- 75Confessions by mentally handicapped persons
- Miscellaneous
- 76Exclusion of unfair evidence
- 77Time for taking accused's evidence
- 78Abolition of right of accused to make unsworn statement
- 79. . . compellability of accused's spouse or civil partner
- 79ARule where accused’s spouse or civil partner not compellable
- 80Advance notice of expert evidence in Crown Court
- 80AEvidence through live links
- 81Evidence through television links
- 81AVideo recordings of testimony from child witnesses
- XPOLICE—GENERAL
- 84Police officers performing duties of higher rank
- Part XI: MISCELLANEOUS AND SUPPLEMENTARY
- 85Application of Order to Revenue and Customs
- 87Meaning of “serious arrestable offence” Repealed
- 88Power of constable to use reasonable force
- 89Orders and regulations
- 90Amendments and repeals
- Schedule 1: SPECIAL PROCEDURE
- Part: Making of orders by county court judge
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part: Notices of applications for orders
- 7Paragraph 7
- 8Paragraph 8
- Part: Issue of warrants by county court judge
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part: Costs
- 13Paragraph 13
- Schedule 2PRESERVED POWERS OF ARREST
- Schedule 2A: Fingerprinting and samples: power to require attendance at police station Not yet in force
- Part 1: Fingerprinting Not yet in force
- Persons arrested and released Not yet in force
- 1Paragraph 1 Not yet in force
- Persons charged etc Not yet in force
- 2Paragraph 2 Not yet in force
- Persons convicted etc of an offence in Northern Ireland Not yet in force
- 3Paragraph 3 Not yet in force
- Persons subject to a control order Not yet in force
- 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Persons convicted etc of an offence outside Northern Ireland Not yet in force
- 5Paragraph 5 Not yet in force
- Multiple attendance Not yet in force
- 6Paragraph 6 Not yet in force
- Part 2: Intimate samples Not yet in force
- Persons suspected to be involved in an offence Not yet in force
- 7Paragraph 7 Not yet in force
- Persons convicted etc of an offence outside Northern Ireland Not yet in force
- 8Paragraph 8 Not yet in force
- Part 3: Non-intimate samples Not yet in force
- Persons arrested and released Not yet in force
- 9Paragraph 9 Not yet in force
- Persons charged etc Not yet in force
- 10Paragraph 10 Not yet in force
- Persons convicted etc of an offence in Northern Ireland Not yet in force
- 11Paragraph 11 Not yet in force
- Persons subject to a control order Not yet in force
- 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Persons convicted etc of an offence outside Northern Ireland Not yet in force
- 13Paragraph 13 Not yet in force
- Multiple exercise of power Not yet in force
- 14Paragraph 14 Not yet in force
- Part 4: General and supplementary Not yet in force
- Requirement to have power to take fingerprints or sample Not yet in force
- 15Paragraph 15 Not yet in force
- Date and time of attendance Not yet in force
- 16Paragraph 16 Not yet in force
- Enforcement Not yet in force
- 17Paragraph 17 Not yet in force
- Schedule 3: PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule Schedule
- Schedule 5
- Part I: OFFENCES MENTIONED IN ARTICLE 87(2)(a)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part II: OFFENCES MENTIONED IN ARTICLE 87(2)(b)
- Explosive Substances Act 1883 (c. 3)
- 1Paragraph 1
- Criminal Law Amendment Act 1885 (c. 69)
- 2Paragraph 2
- The Road Traffic (Northern Ireland) Order 1981
- 2AParagraph 2A
- Taking of Hostages Act 1982 (c. 28)
- 7Paragraph 7
- Aviation Security Act 1982 (c. 36)
- 8Paragraph 8
- Criminal Justice Act 1988 (c. 33)
- 9Paragraph 9
- Aviation and Maritime Security Act 1990 (c. 31)
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Protection of Children (Northern Ireland) Order 1978 (1978 N.I. 17)
- 13Paragraph 13
- Channel Tunnel (Security) Order 1994 No. 570
- 13Paragraph 13
- 14Paragraph 14
- Road Traffic (Northern Ireland) Order 1995
- 13AParagraph 13A
- 14Paragraph 14
- Domestic Violence, Crime and Victims Act 2004
- 15Paragraph 15
- Firearms (Northern Ireland) Order 2004
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule Schedule
- Schedule Schedule