SCHEDULES

SCHEDULE 3AMENDMENTS: FINGERPRINTS, DNA PROFILES, ETC.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

1

1

Article 53 (interpretation of Part 6) is amended as follows.

2

In paragraph (1) at the appropriate places in alphabetical order insert—

  • “Article 63B material” means fingerprints or DNA profiles to which Article 63B applies;

  • “DNA profile” means any information derived from a DNA sample;

  • “DNA sample means any material which—

    1. a

      has been taken by the police from a person—

      1. i

        under a power conferred by Article 62 or 63; or

      2. ii

        with the consent of that person, in connection with the investigation of an offence by the police;

    2. b

      consists of or includes human cells; and

    3. c

      was taken for the purpose of deriving a DNA profile from it.

3

After paragraph (3) insert—

3A

In paragraph (3) the reference to the destruction of a sample does not include a reference to the destruction of a sample under Article 63P (requirement to destroy samples).

3B

Any reference in Articles 63D, 63E, 63N or 63R to a person being charged with an offence includes a reference to a person being informed that the person will be reported for an offence.