The Police and Criminal Evidence (Northern Ireland) Order 1989

Changes over time for: Section 63

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Changes to legislation:

The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 63 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Article 63:

various legislation applied by 2016 c. 18 (N.I.) s. 161(2)(a)
art. 63(3A) substituted by 2010 c. 17 s. 8(6)
art. 63(3A)(b) words substituted by 2015 c. 9 (N.I.) s. 83(2)(b)
art. 63(6) (7) substituted for art. 63(6)-(8A) by 2010 c. 17 s. 10(7)
art. 63(8A) words substituted by 2008 c. 28 s. 12(6)(b)(i) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63(8B) words inserted by 2008 c. 28 s. 12(6)(b)(ii) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63(8B)(a) words inserted by 2008 c. 28 s. 12(6)(b)(iii) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63(9) words substituted by 2010 c. 17 s. 10(8)
art. 63(10) repealed by 2010 c. 17 s. 8(8)

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Order applied by 2016 c. 18 (N.I.) s. 150(1)(a)
Order excluded by 2012 c. 9 Sch. 1 para. 7(5)
Order extended by 2003 c. 6 Sch. 4 para. 23A (as inserted) by S.I. 2007/912 (N.I.) Sch. 4 para. 5

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 2A para. 1(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(a)(ii)
Sch. 2A para. 2(2)(c) and word inserted by 2015 c. 9 (N.I.) s. 83(3)(b)(ii)
Sch. 2A para. 9(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(c)(ii)
Sch. 2A para. 10(5) inserted by 2015 c. 9 (N.I.) s. 83(3)(d)(ii)
Sch. 2A para. 2(2)(b) words substituted by 2015 c. 9 (N.I.) s. 83(3)(b)(i)
art. 62(10(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 3(9ZA)(9ZB) inserted by 2019 c. 17 s. 12(5)
art. 19(1)(cc) inserted by S.I. 2007/916 (N.I.) art. 18(2)
art. 53(3A)(3B) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 1(3)
art. 53(3A) inserted by 2010 c. 17 s. 15(4)
art. 53(4) inserted by 2010 c. 17 s. 9(6)
art. 53B inserted by 2013 c. 7 (N.I.) Sch. 3 para. 3
art. 56(13A)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(1)(b)
art. 56(13A)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(1)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 56A(9)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(2)(b)
art. 56A(9)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(2)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 61(5A) inserted by 2010 c. 17 s. 8(1)
art. 61(5A)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
art. 61(5B) inserted by 2010 c. 17 s. 8(2)
art. 61(5B)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
art. 61(5C) inserted by 2015 c. 9 (N.I.) s. 83(1)(b)
art. 61(6)-(6ZD) substituted for art. 61(6) by 2010 c. 17 s. 8(3)
art. 61(6D)-(6G) inserted by 2010 c. 17 s. 9(1)
art. 61(6BA) inserted by 2008 c. 28 s. 12(2) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 62(2A) (2B) inserted by 2010 c. 17 s. 9(2)
art. 62(10)(ab) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 6(3)(b)
art. 62(10)(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 63(3A)(c)(i) word substituted by 2013 c. 7 (N.I.) Sch. 3 para. 4
art. 63(3B)-(3BD) substituted for art. 63(3B) by 2010 c. 17 s. 8(7)
art. 63(3C) inserted by 2008 c. 28 s. 12(3) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63(3D)-(3G) inserted by 2010 c. 17 s. 9(4)
art. 63(3AA) inserted by 2015 c. 9 (N.I.) s. 83(2)(c)
art. 63(3ZA) inserted by 2010 c. 17 s. 8(5)
art. 63(3ZA)(b)(iii) and word inserted by 2015 c. 9 (N.I.) s. 83(2)(a)
art. 63A(1E) (1F) inserted by 2010 c. 17 s. 11(1)
art. 63A(6A) inserted by 2008 c. 28 s. 12(4)(b) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63B-63R inserted by 2013 c. 7 (N.I.) Sch. 2
art. 63D(1)(a) substituted by 2019 c. 3 Sch. 2 para. 5(2)(a)
art. 63D(1)(a)(i) words inserted by S.I. 2023/1386 Sch. para. 9(5)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63D(14) words inserted by 2019 c. 3 Sch. 2 para. 5(2)(b)
art. 63D(14) words inserted by S.I. 2023/1386 Sch. para. 9(5)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63N substituted by 2015 c. 9 (N.I.) s. 86
art. 63R(4A) inserted by 2019 c. 3 Sch. 4 para. 20(9)
art. 63R(4B) inserted by 2023 c. 32 Sch. 18 para. 5(8) (This amendment not applied to legislation.gov.uk. The insertion of art. 63R by 2013 c. 7 (N.I.) Sch. 2 remains prospective at 31.12.2023.)
art. 63R(5) words substituted by 2015 c. 9 (N.I.) s. 87(a)
art. 63R(5A)(5B) inserted by 2015 c. 9 (N.I.) s. 87(b)
art. 63DA inserted by 2019 c. 3 Sch. 2 para. 5(3)
art. 63DA heading words inserted by S.I. 2023/1386 Sch. para. 9(6)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63DA(1)(a) words inserted by S.I. 2023/1386 Sch. para. 9(6)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63DA(4) words inserted by S.I. 2023/1386 Sch. para. 9(6)(c) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63GA inserted by 2015 c. 9 (N.I.) s. 84
art. 63KA inserted by 2015 c. 9 (N.I.) s. 85
art. 64(1AA) inserted by 2008 c. 28 s. 12(5) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 64(1AB) inserted by 2008 c. 28 s. 15(5)
art. 89(2A) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 5

Other samplesN.I.

63.—(1) Except as provided by this Article, a non‐intimate sample may not be taken from a person without the appropriate consent.

(2) Consent to the taking of a non‐intimate sample must be given in writing.

[F1(2A) A non‐intimate sample may be taken from a person without the appropriate consent if—

(a)he is in police detention in consequence of his arrest for a recordable offence; and

(b)either he has not had a non‐intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or he has had such a sample taken but it proved insufficient.]

(3) A non‐intimate sample may be taken from a person without the appropriate consent if—

(a)heF1. . . [F2 is being held in custody by the police on the authority of a court]; and

(b)an officer of at least the rank of [F3inspector] authorises it to be taken without the appropriate consent.

[F4(3A) A non-intimate sample may be taken from a person[F1 (whether or not he is in police detention or held in custody by the police on the authority of a court)] without the appropriate consent if—

(a)he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(b)either he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police or he has had a non-intimate sample taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.

(3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.]

(4) An officer may only give an authorisation under paragraph (3) if he has reasonable grounds—

(a)for suspecting the involvement of the person from whom the sample is to be taken in a[F4 recordable offence]; and

(b)for believing that the sample will tend to confirm or disprove his involvement.

(5) An officer may give an authorisation under paragraph (3) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

[F5(5A) An officer shall not give an authorisation under paragraph (3) for the taking from any person of a non-intimate sample consisting of a skin impression if—

(a)a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and

(b)the impression previously taken is not one that has proved insufficient.]

(6) Where—

(a)an authorisation has been given; and

(b)it is proposed that a non‐intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken—

(i)of the giving of the authorisation; and

(ii)of the grounds for giving it.

(7) The duty imposed by paragraph (6)(ii) includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

(8) If a non‐intimate sample is taken from a person by virtue of paragraph (3)—

(a)the authorisation by virtue of which it was taken; and

(b)the grounds for giving the authorisation,

shall be recorded as soon as is practicable after the sample is taken.

[F4(8A) In a case where by virtue of[F1 paragraph (2A), (3A)] or (3B) a sample is taken from a person without the appropriate consent—

(a)he shall be told the reason before the sample is taken; and

(b)the reason shall be recorded as soon as practicable after the sample is taken.

(8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—

(a)before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b)the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.]

(9) If a non‐intimate sample is taken from a person detained at a police station, the matters required to be recorded by paragraph (8)[F4,(8A) or (8B)] shall be recorded in his custody record.

[F6(9A) The power to take a non-intimate sample from a person without the appropriate consent is exercisable by a constable.]

[F4(10) Paragraph (3B) shall not apply to persons convicted before the date on which that paragraph comes into operation.]

(10A) F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(11) Nothing in this Article applies to a person arrested or detained under the terrorism provisions [F9or under section 27 of the National Security Act 2023,] [F10 or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019]]

[F11(12) Nothing in this Article applies to a person arrested under an extradition arrest power.]

F12004 NI 9

F21991 NI 16

F3Word in art. 63(3)(b) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 33(2)

F41995 NI 17

F5Art. 63(5A) inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 33(3)

F62003 c. 6

F7Art. 63(10A) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 128(3), Sch. 8 Pt. 13

F82000 c. 11

F9Words in art. 63(11) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 5(7) (with s. 97); S.I. 2023/1272, reg. 2(f)

F10Words in art. 63(11) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 20(8); S.I. 2020/792, reg. 2(i)

F112003 c. 41