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The Police and Criminal Evidence (Northern Ireland) Order 1989
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- 1989 No. 1341 (N.I. 12)
- PART I
- Article 2
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Changes and effects yet to be applied to the whole Order, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Order excluded by 2012 c. 9 Sch. 1 para. 7(5)
- Order transfer of functions by S.I. 2010/976 art. 4(1)(2) Sch. 1
- Order transfer of functions by S.I. 2010/976 Sch. 17 para. 41
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(a)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(b)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(c)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2A amendment to earlier affecting provision 2010 c. 17 s. 12(2) by 2011 c. 23 Sch. 7 para. 6(3)
- Sch. 2A inserted by 2010 c. 17 s. 12(2)
- Sch. 2A para. 4 omitted by 2011 c. 23 Sch. 7 para. 7(3)
- Sch. 2A para. 12 omitted by 2011 c. 23 Sch. 7 para. 7(3)
- art. 53A inserted by 2010 c. 17 s. 13(1)
- art. 53A(2)(h) words substituted by 2013 c. 7 (N.I.) Sch. 3 para. 2
- art. 53A(3A) inserted by 2010 c. 17 s. 13(1) (as inserted) by S.I. 2012/2595 art. 22(2)(a)
- art. 53B inserted by 2013 c. 7 (N.I.) Sch. 3 para. 3
- art. 63B-63R inserted by 2013 c. 7 (N.I.) Sch. 2
- art. 64ZA-64ZN inserted by 2010 c. 17 s. 15(2)
- art. 64ZC(6)(a)(i) word substituted by 2012 c. 10 Sch. 24 para. 12(a)
- art. 64ZC(6)(a)(ii) and word omitted by 2012 c. 10 Sch. 24 para. 12(b)
Commencement Orders yet to be applied to the The Police and Criminal Evidence (Northern Ireland) Order 1989:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
- S.I. 2012/1205 art. 2-4 commences (Commencment order for 2012 c. 9)
- S.I. 2012/1205 art. 4(k) commences (2012 c. 9)
- S.R. 2010/142 art. 2 commences (S.I. 1999/2789 (N.I.))
- S.R. 2011/182 art. 2 commences (2009 c. 25)
- S.R. 2011/245 art. 2 Sch. 1 commences (2011 c. 16 (N.I.))
- S.R. 2011/285 art. 2 commences (2011 c. 15 (N.I.))
General interpretationN.I.
2.—(1) 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.
(2) 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)in the case of a childF4. . . in the care of a Health and Social Services Board[F5 or [F6Health and Social Care trust]], that Board[F5 or [F6Health and Social Care trust]];
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;
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 1954F8;
[F9“the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;]
[F9“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.
(3) Subject to [F10paragraphs (4) and (4A)], a person is in police detention for the purposes of this Order if—
(a)he has been taken to a police station after being arrested for an offence or after being arrested under[F11 section 41 of the Terrorism Act 2000]; or
(b)he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,[F12 or]
[F12(c)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.
(4) A person—
(a)who is at a court after being charged; or
(b)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.
[F13(4A) 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.]
[F14(5) In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centre and a remand centre.]
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
F2Art. 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
F31997 NI 21
F4rep. by 1998 NI 9
F51995 NI 2
F6Art. 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
F7Art. 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
F10Words 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)
F121995 NI 17
F141998 NI 9
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