Explanatory note

The Police and Criminal Evidence Order (Northern Ireland) 1989 (“the 1989 Order”) requires the Secretary of State to issue codes of practice in relation to the exercise of police powers. The code of practice in relation to the identification of persons by police officers (“Code D”) sets out the methods which may be employed by police officers to identify suspects in an investigation. These must be used in the order provided in the code, and only when a method is refused by the suspect or deemed impractical can the next method on the list be considered.

This Order requires Code D to be applied with the modifications set out in the Schedule to this Order. These modifications change the order in which methods of identification of suspects in cases of disputed identification may be employed. The previous version of Code D required an identification parade as the primary method of identification; the modifications allow the Police Service of Northern Ireland to use video identification procedures as the primary method of identifying suspects instead.

The modifications to Code D also reflect amendments to the 1989 Order made by section 93 of the Anti-Terrorism Crime and Security Act 2001 (c. 24), so as to provide for the retention and use of photographs or other images taken of detained persons.

The modifications have effect for a period of 1 year from the date of making of this Order.