Chwilio Deddfwriaeth

Justice Act (Northern Ireland) 2015

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

Newidiadau dros amser i: Cross Heading: Personal samples, DNA profiles and fingerprints

 Help about opening options

Alternative versions:

Statws

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Statws

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Newidiadau i ddeddfwriaeth:

Ar hyn o bryd nid oes unrhyw effeithiau heb eu gweithredu yn hysbys ar gyfer y Justice Act (Northern Ireland) 2015, Cross Heading: Personal samples, DNA profiles and fingerprints. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Personal samples, DNA profiles and fingerprintsN.I.

Power to take further fingerprints or non-intimate samplesN.I.

83—(1) In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting)—

(a)in paragraphs (5A) and (5B) for the words after “investigation” in sub-paragraph (b) substitute

but—

(i)paragraph (4A)(a) or (b) applies, or

(ii)paragraph (5C) applies.;

(b)after paragraph (5B) insert—

(5C) This paragraph applies where—

(a)the investigation was discontinued but subsequently resumed, and

(b)before the resumption of the investigation the fingerprints were destroyed pursuant to Article 63B(2).”.

(2) In Article 63 of that Order (non-intimate samples)—

(a)at the end of paragraph (3ZA)(b) insert

, or

(iii)paragraph (3AA) applies.;

(b)in paragraph (3A)(b) for “insufficient; or” substitute “insufficient, or

(iii)paragraph (3AA) applies; or;

(c)after paragraph (3A) insert—

(3AA) This paragraph applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—

(a)any DNA profile derived from the sample was destroyed pursuant to Article 63B(2), and

(b)the sample itself was destroyed pursuant to Article 63P(2), (3) or (10)..

(3) In Schedule 2A to that Order (fingerprinting and samples: power to require attendance at police station)—

(a)in paragraph 1 (fingerprinting: persons arrested and released)—

(i)in sub-paragraph (2) for “Article 61(5A)(b)” substitute “ Article 61(5A)(b)(i) ”;

(ii)after sub-paragraph (3) insert—

(4) The power under sub-paragraph (1) may not be exercised in a case falling within Article 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.;

(b)in paragraph 2 (fingerprinting: persons charged, etc.)—

(i)in sub-paragraph (2)(b) for “Article 61(5B)(b)” substitute “ Article 61(5B)(b)(i) ”;

(ii)at the end of sub-paragraph (2) insert “, or

(c)in a case falling within Article 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.;

(c)in paragraph 9 (non-intimate samples: persons arrested and released)—

(i)in sub-paragraph (2) for “within Article 63(3ZA)(b)” substitute “ within Article 63(3ZA)(b)(i) or (ii) ”;

(ii)after sub-paragraph (3) insert—

(4) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.;

(d)in paragraph 10 (non-intimate samples: person charged etc.)—

(i)in sub-paragraph (3) for “within Article 63(3A)(b)” substitute “ within Article 63(3A)(b)(i) or (ii) ”;

(ii)after sub-paragraph (4) insert—

(5) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed..

Retention of material: persons convicted of an offence in England and Wales or ScotlandN.I.

84  After Article 63G of the Police and Criminal Evidence (Northern Ireland) Order 1989 insert—

Retention of material: effect of convictions in England and Wales or Scotland

63GA(1) This Article applies to Article 63B material which does not fall within Article 63G (2).

(2) If the material relates to a person who has been convicted under the law in force in England and Wales of a recordable offence within the meaning of section 118(1) of PACE (“an EW recordable offence”) Articles 63D, 63E, 63H and 63L apply as if—

(a)references in Article 63D(2) and (14), 63E(2) 63H(1)(a)(ii) and (5) and 63L(3)(b) to a person being convicted of a recordable offence included references to a person being convicted of an EW recordable offence (and section 65B(1) of PACE (meaning of “convicted”) applies for that purpose);

(b)references in Article 63D(14) to a qualifying offence included references to a qualifying offence within the meaning of section 65A of PACE;

(c)references in Article 63D(14) and 63H(2) to (4) to a custodial sentence included references to a relevant custodial sentence within the meaning of section 63K(6) of PACE.

(3) If the material relates to a person who has been convicted under the law in force in Scotland of an offence which is punishable by imprisonment (“a relevant Scottish offence”) Article 63D, 63E, 63H and 63L apply as if—

(a)references in Article 63D(2) and (14), 63E(2) 63H(1)(a)(ii) and (5) and 63L(3)(b) to a person being convicted of a recordable offence included references to a person being convicted of a relevant Scottish offence;

(b)references in Article 63D(14) to a qualifying offence included references to—

(i)a relevant sexual offence and a relevant violent offence within the meaning of section 19A of the Criminal Procedure (Scotland Act) 1995; and

(ii)an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008;

(c)references in Article 63D(14) and 63H(2) to (4) to a custodial sentence included references to a sentence of imprisonment or detention.

(4) In this Article “PACE” means the Police and Criminal Evidence Act 1984..

Retention of DNA profiles or fingerprints: persons given a prosecutorial fineN.I.

85  After Article 63K of the Police and Criminal Evidence (Northern Ireland) Order 1989 insert—

Retention of Article 63B material: persons given a prosecutorial fine notice

63KA(1) This Article applies to Article 63B material which—

(a)relates to a person who is given a prosecutorial fine notice under section 18 of the Justice Act (Northern Ireland) 2015, and

(b)was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence (or one of the offences) to which the notice relates.

(2) The material may be retained—

(a)in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken,

(b)in the case of a DNA profile, for a period of 2 years beginning with—

(i)the date on which the DNA sample from which the profile was derived was taken, or

(ii)if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken..

Power to retain DNA profile or fingerprints in connection with different offenceN.I.

86  For Article 63N of the Police and Criminal Evidence (Northern Ireland) Order 1989 (Article 63B material obtained for one purpose and used for another) substitute—

Retention of Article 63B material in connection with different offence

63N(1) Paragraph (2) applies if—

(a)Article 63B material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and

(b)the person subsequently—

(i)is arrested for or charged with a different offence,

(ii)is convicted of a different offence,

(iii)is given a penalty notice or a prosecutorial fine notice in respect of a different offence;

(iv)is given a caution in respect of a different offence committed when the person is under the age of 18; or

(v)completes a diversionary youth conference process with respect to a different offence.

(2) Articles 63C to 63M and Articles 63O and 63Q have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)—

(a)in connection with the investigation of the offence mentioned in paragraph (1)(b),

(b)on the date on which the person was arrested for that offence or, if the person was not arrested, on the date on which the person—

(i)was charged with the offence or given a penalty notice or prosecutorial fine in respect of the offence, or

(ii)was cautioned in respect of the offence; or

(iii)completed the diversionary youth conference process with respect to the offence.

(3) Paragraph (3) of Article 63J applies for the purposes of this Article as it applies for the purposes of Article 63J..

Retention of personal samples that are or may be disclosableN.I.

87  In Article 63R of the Police and Criminal Evidence (Northern Ireland) Order 1989 (exclusions for other regimes)—

(a)in paragraph (5) (material that is or may become disclosable to the defence) for “Articles 63B to 63O and 63Q” substitute “ Articles 63B to 63Q ”;

(b)after that paragraph insert—

(5A) A sample that—

(a)falls within paragraph (5), and

(b)but for that paragraph would be required to be destroyed under Article 63P,

must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.

(5B) A sample that once fell within paragraph (5) but no longer does, and so becomes a sample to which Article 63P applies, must be destroyed immediately if the time specified for its destruction under that Article has already passed..

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill