Article 2 General interpretation
Northern Ireland
The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
In this Order—
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“designated police station” has the meaning assigned to it by Article 36;
“document” F3 means anything in which information of any description is recorded;
“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—
Sub‐para. (a) rep. by 1995 NI 2
- (b)
Definitions rep. by 2000 c. 32
“premises” has the meaning assigned to it by Article 25;
“recordable offence” means any offence to which regulations under Article 29 apply;
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 1954F9;
F10“the terrorism provisions” means F11sections 41 and 43B of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;
“terrorism” has the meaning given in section 1 of that Act.
“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.
Subject to F12paragraphs (4) and (4A), a person is in police detention for the purposes of this Order if—
he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it, F16 or
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,
and is detained there or is detained elsewhere in the charge of a constable.
A person—
who is at a court after being charged; or
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.
Where a person is in another's lawful custody by virtue of paragraph 8, 22(1) or 23(2) of Schedule 2 to the Police (Northern Ireland) Act 2003, he shall be treated as being in police detention for the purposes of this Order.
In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centre and a remand centre.
Annotations
Textual amendments
- F1
- F2
Art. 2(2): definition of "arrestable offence" repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), 41(2), Sch. 1 para. 26(1), Sch. 2
- F3
- F4
rep. by 1998 NI 9
- F5
Words in art. 2(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 132(a); S.R. 2022/102, art. 2(b)
- F6
Art. 2(2): words in definition of "parent or guardian" substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
- F7
Words in art. 2(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 132(b); S.R. 2022/102, art. 2(b)
- F8
Art. 2(2): definition of "serious arrestable offence" repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), 41(2), Sch. 1 para. 26(1), Sch. 2
- F9
- F10
- F11
Words in art. 2(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(w), Sch. 19 para. 4(2)(a)
- F12
Words in art. 2(3) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 41(1)
- F13
- F14
Words in art. 2(3)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(w), Sch. 19 para. 4(2)(b)
- F15
Words in art. 2(3)(a) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 9(2)
- F16
- F17
- F18
Notes on the whole Order
Textual amendments
- F1
mod. by 2005 c. 2