The Police and Criminal Evidence (Northern Ireland) Order 1989

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.General interpretation

  3. PART II POWERS TO STOP AND SEARCH

    1. 3.Power of constable to stop and search persons, vehicles etc.

    2. 4.Provisions relating to search under Article 3 and other powers

    3. 5.Duty to make records concerning searches

    4. 6.Road checks

    5. 7.Reports of recorded searches and of road checks

    6. 8.Statutory undertakers etc.

    7. 9.Part II—supplementary

  4. PART III POWERS OF ENTRY, SEARCH AND SEIZURE

    1. Search warrants

      1. 10.Power of justice of the peace to authorise entry and search of premises

      2. 11.Special provisions as to access

      3. 12.Meaning of “items subject to legal privilege”

      4. 13.Meaning of “excluded material”

      5. 14.Meaning of “personal records”

      6. 15.Meaning of “journalistic material”

      7. 16.Meaning of “special procedure material”

      8. 17.Search warrants—safeguards

      9. 18.Execution of warrants

    2. Entry and search without search warrant

      1. 19.Entry for purpose of arrest etc.

      2. 20.Entry and search after arrest

    3. Seizure etc.

      1. 21.General power of seizure etc.

      2. 22.Extension of powers of seizure to computerised information

      3. 23.Access and copying

      4. 24.Retention

    4. Supplementary

      1. 25.Meaning of “premises” etc.

  5. PART IV ARREST

    1. 26.Arrest without warrant: constables

    2. 26A.Arrest without warrant: other persons

    3. 27.General arrest conditions

    4. 28.Repeal of statutory powers of arrest without warrant or order

    5. 29.Fingerprinting of certain offenders

    6. 30.Information to be given on arrest

    7. 31.Voluntary attendance at police station etc.

    8. 32.Arrest elsewhere than at police station

    9. 32A.Bail elsewhere than at police station

    10. 32B.Bail under Article 32A: notices

    11. 32C.Bail under Article 32A: supplemental

    12. 32D.Failure to answer to bail under Article 32A

    13. 33.Arrest for further offence

    14. 34.Search upon arrest

  6. PART V DETENTION

    1. Detention—conditions and duration

      1. 35.Limitations on police detention

      2. 36.Designated police stations

      3. 37.Custody officers at police stations

      4. 38.Duties of custody officer before charge

      5. 39.Duties of custody officer after charge

      6. 40.Responsibilities in relation to persons detained

      7. 41.Review of police detention

      8. 41A.Use of telephone for review under Article 41

      9. 42.Limits on period of detention without charge

      10. 43.Authorisation of continued detention

      11. 44.Warrants of further detention

      12. 45.Extension of warrants of further detention

      13. 46.Detention before charge—supplementary

      14. 46A.Use of video-conferencing facilities for decisions about detention

    2. Detention—miscellaneous

      1. 47.Detention after charge

      2. 47A.Power of arrest for failure to answer to police bail

      3. 48.Bail after arrest

      4. 48A.Forfeiture of security

      5. 49.Police detention to count towards custodial sentence

      6. 50.Records of detention

      7. 51.Savings

      8. 52.Children

  7. PART VI QUESTIONING AND TREATMENT OF PERSONS BY POLICE

    1. 53.Interpretation of Part VI

    2. 53A.Qualifying offence” etc

    3. 54.Abolition of certain powers of constables to search persons

    4. 55.Searches of detained persons

    5. 55A.Searches and examination to ascertain identity

    6. 56.Intimate searches

    7. 56A.X-rays and ultrasound scans

    8. 57.Right to have someone informed when arrested

    9. Art. 58 rep. by 1998 NI 9

    10. 59.Access to legal advice

    11. 60.Tape‐recording of interviews

    12. 60A.Video recording of interviews

    13. 61.Fingerprinting

    14. 61A.Impressions of footwear

    15. 62.Intimate samples

    16. 63.Other samples

    17. 63A.Fingerprints and samples: supplementary provisions

    18. 64.Destruction of fingerprints and samples

    19. 64ZA.Destruction of samples

    20. 64ZB.Destruction of data given voluntarily

    21. 64ZC.Destruction of data relating to a person subject to a control order

    22. 64ZD.Destruction of data relating to persons not convicted

    23. 64ZE.Destruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences

    24. 64ZF.Destruction of data relating to persons under 16 not convicted: qualifying offences

    25. 64ZG.Destruction of data relating to persons aged 16 or 17 not convicted: qualifying offences

    26. 64ZH.Destruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence

    27. 64ZI.Articles 64ZB to 64ZH: supplementary provision

    28. 64ZJ.Destruction of fingerprints taken under Article 61(6A)

    29. 64ZK.Retention for purposes of national security

    30. 64ZL.Retention with consent

    31. 64ZM.Destruction of copies, and notification of destruction

    32. 64ZN.Use of retained material

    33. 64A.Photographing of suspects etc.

  8. PART VII CODES OF PRACTICE—GENERAL

    1. 65.Codes of practice

    2. 66.Codes of practice—supplementary

  9. PART VIII DOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS

    1. 67.Interpretation of Part VIII

    2. Art. 68 rep. by 1999 NI 8

    3. 69.Microfilm copies

  10. PART IX EVIDENCE IN CRIMINAL PROCEEDINGS—GENERAL

    1. 70.Interpretation of Part IX

    2. Convictions and acquittals

      1. 71.Proof of convictions and acquittals

      2. 72.Conviction as evidence of commission of offence

      3. 73.Provisions supplementary to Article 72

    3. Confessions

      1. 74.Confessions

      2. 74A.Confessions may be given in evidence for co-accused

      3. 75.Confessions by mentally handicapped persons

    4. Miscellaneous

      1. 76.Exclusion of unfair evidence

      2. 77.Time for taking accused's evidence

      3. 78.Abolition of right of accused to make unsworn statement

      4. 79.Competence and compellability of accused's spouse or civil partner

      5. 79A. Rule where accused’s spouse or civil partner not compellable

      6. 80.Advance notice of expert evidence in Crown Court

      7. 80A.Evidence through live links

      8. 81.Evidence through television links

      9. 81A.Video recordings of testimony from child witnesses

      10. Art. 81B rep. by 1999 NI 8

  11. PART X POLICE—GENERAL

    1. Arts. 82‐83 rep. by 1998 c. 32

    2. 84.Police officers performing duties of higher rank

  12. PART XI MISCELLANEOUS AND SUPPLEMENTARY

    1. 85. Application of Order to Revenue and Customs

    2. Article 86—Amendments

    3. 87.Meaning of “serious arrestable offence”

    4. 88.Power of constable to use reasonable force

    5. 89.Orders and regulations

    6. 90.Amendments and repeals

  13. SCHEDULES

    1. SCHEDULE 1

      SPECIAL PROCEDURE

      1. Making of orders by county court judge

        1. 1.If on an application made by a constable a county...

        2. 2.The first set of access conditions is fulfilled if—

        3. 3.The second set of access conditions is fulfilled if—

        4. 4.An order under this paragraph is an order that the...

        5. 5.Where the material consists of information stored in any electronic...

        6. 6.For the purposes of Articles 23 and 24 material produced...

      2. Notices of applications for orders

        1. 7.An application for an order under paragraph 4 shall be...

        2. 8.Where notice of an application for an order under paragraph...

      3. Issue of warrants by county court judge

        1. 9.If on an application made by a constable a county...

        2. 9A.The judge may not issue an all premises warrant unless...

        3. 10.A constable may seize and retain anything for which a...

        4. 11.The further conditions mentioned in paragraph 9(a)(ii) are—

        5. 12.(1) If a person fails to comply with an order...

      4. Costs

        1. 13.The costs of any application under this Schedule and of...

    2. SCHEDULE 2

      PRESERVED POWERS OF ARREST

    3. SCHEDULE 2A

      Fingerprinting and samples: power to require attendance at police station

      1. Part 1 Fingerprinting

        1. Persons arrested and released

          1. 1.(1) A constable may require a person to attend a...

        2. Persons charged etc

          1. 2.(1) A constable may require a person to attend a...

        3. Persons convicted etc of an offence in Northern Ireland

          1. 3.(1) A constable may require a person to attend a...

        4. Persons subject to a control order

          1. 4.A constable may require a person to attend a police...

        5. Persons convicted etc of an offence outside Northern Ireland

          1. 5.A constable may require a person to attend a police...

        6. Multiple attendance

          1. 6.(1) Where a person's fingerprints have been taken under Article...

      2. Part 2 Intimate samples

        1. Persons suspected to be involved in an offence

          1. 7.A constable may require a person to attend a police...

        2. Persons convicted etc of an offence outside Northern Ireland

          1. 8.A constable may require a person to attend a police...

      3. Part 3 Non-intimate samples

        1. Persons arrested and released

          1. 9.(1) A constable may require a person to attend a...

        2. Persons charged etc

          1. 10.(1) A constable may require a person to attend a...

        3. Persons convicted etc of an offence in Northern Ireland

          1. 11.(1) A constable may require a person to attend a...

        4. Persons subject to a control order

          1. 12.A constable may require a person to attend a police...

        5. Persons convicted etc of an offence outside Northern Ireland

          1. 13.A constable may require a person to attend a police...

        6. Multiple exercise of power

          1. 14.(1) Where a non-intimate sample has been taken from a...

      4. Part 4 General and supplementary

        1. Requirement to have power to take fingerprints or sample

          1. 15.A power conferred by this Schedule to require a person...

        2. Date and time of attendance

          1. 16.(1) A requirement under this Schedule— (a) shall give the...

        3. Enforcement

          1. 17.A constable may arrest without warrant a person who has...

    4. SCHEDULE 3

      PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)

      1. 1.In any criminal proceedings where it is desired to give...

      2. 2.Notwithstanding paragraph 1, a court may require oral evidence to...

      3. 3.Any person who in a certificate tendered under paragraph 1...

      4. 4.In estimating the weight, if any, to be attached to...

      5. 5.For the purposes of paragraph 4 information shall be taken...

      6. 6.For the purpose of deciding whether or not a statement...

      7. 7.Provision may be made by the rules mentioned in paragraph...

      1. Schedule 4—Amendments

    5. SCHEDULE 5

      1. PART I OFFENCES MENTIONED IN ARTICLE 87(2)(a)

        1. 1.Treason.

        2. 2.Murder.

        3. 3.Manslaughter.

        4. 4.Rape.

        5. 5.Kidnapping.

        6. 6.Incest with a girl under the age of 14.

        7. 7.Buggery with a person under the age of 16.

        8. 8.Indecent assault which constitutes an act of gross indecency.

        9. 9.An offence under section 170 of the Customs and Excise...

      2. PART II OFFENCES MENTIONED IN ARTICLE 87(2)(b)

        1. Explosive Substances Act 1883 (c. 3)

          1. 1.Section 2 (causing explosion likely to endanger life or property)....

        2. Criminal Law Amendment Act 1885 (c. 69)

          1. 2.Section 4 (unlawful carnal knowledge of a girl under the...

        3. The Road Traffic (Northern Ireland) Order 1981

          1. 2A.Article 172B (aggravated vehicle‐taking causing death or grievous bodily injury)....

        4. Para. 3 rep. by 1995 NI 18

        5. Paras. 4‐6 rep. by 2004 NI 3

        6. Taking of Hostages Act 1982 (c. 28)

          1. 7.Section 1 (hostage‐taking).

        7. Aviation Security Act 1982 (c. 36)

          1. 8.Section 1 (hijacking).

        8. Criminal Justice Act 1988 (c. 33)

          1. 9.Section 134 (torture).

        9. Aviation and Maritime Security Act 1990 (c. 31)

          1. 10.Section 1 (endangering safety at aerodromes).

          2. 11.Section 9 (hijacking of ships).

          3. 12.Section 10 (seizing or exercising control of fixed platforms).

        10. Protection of Children (Northern Ireland) Order 1978 (1978 N.I. 17)

          1. 13.Article 3 (indecent photographs and pseudo-photographs of children).

        11. Channel Tunnel (Security) Order 1994 No. 570

          1. 13.Article 4 (hijacking of Channel Tunnel trains).

          2. 14.Article 5 (seizing or exercising control of the tunnel system)....

        12. Road Traffic (Northern Ireland) Order 1995

          1. 13A.Article 9 (causing death, or grievous bodily injury, by dangerous...

          2. 14.Article 14 (causing death, or grievous bodily injury, by careless...

        13. Domestic Violence, Crime and Victims Act 2004

          1. 15.Section 5 (causing or allowing the death of a child...

        14. Firearms (Northern Ireland) Order 2004

          1. 16.Article 58(1) (possession of firearm with intent to endnager life,...

          2. 17.Article 59(1) (use of firearm or imitation firearm to resist...

          3. 18.Article 60 (carrying firearm or imitation firearm with criminal intent)....

      1. Schedule 6—Minor and Consequential Amendments

      1. Schedule 7—Repeals