PART I INTRODUCTORY
1.Title and commencement
PART II POWERS TO STOP AND SEARCH
3.Power of constable to stop and search persons, vehicles etc.
4.Provisions relating to search under Article 3 and other powers
5.Duty to make records concerning searches
7.Reports of recorded searches and of road checks
8.Statutory undertakers etc.
PART III POWERS OF ENTRY, SEARCH AND SEIZURE
10.Power of justice of the peace to authorise entry and search of premises
11.Special provisions as to access
12.Meaning of “items subject to legal privilege”
13.Meaning of “excluded material”
14.Meaning of “personal records”
15.Meaning of “journalistic material”
16.Meaning of “special procedure material”
18.Execution of warrants
Entry and search without search warrant
19.Entry for purpose of arrest etc.
20.Entry and search after arrest
21.General power of seizure etc.
22.Extension of powers of seizure to computerised information
23.Access and copying
25.Meaning of “premises” etc.
PART IV ARREST
26.Arrest without warrant: constables
26A.Arrest without warrant: other persons
27.General arrest conditions
28.Repeal of statutory powers of arrest without warrant or order
29.Fingerprinting of certain offenders
30.Information to be given on arrest
31.Voluntary attendance at police station etc.
32.Arrest elsewhere than at police station
32A.Bail elsewhere than at police station
32B.Bail under Article 32A: notices
32C.Bail under Article 32A: supplemental
32D.Failure to answer to bail under Article 32A
33.Arrest for further offence
34.Search upon arrest
PART V DETENTION
Detention—conditions and duration
35.Limitations on police detention
36.Designated police stations
37.Custody officers at police stations
38.Duties of custody officer before charge
39.Duties of custody officer after charge
40.Responsibilities in relation to persons detained
41.Review of police detention
41A.Use of telephone for review under Article 41
42.Limits on period of detention without charge
43.Authorisation of continued detention
44.Warrants of further detention
45.Extension of warrants of further detention
46.Detention before charge—supplementary
46A.Use of video-conferencing facilities for decisions about detention
47.Detention after charge
47A.Power of arrest for failure to answer to police bail
48.Bail after arrest
48A.Forfeiture of security
49.Police detention to count towards custodial sentence
50.Records of detention
PART VI QUESTIONING AND TREATMENT OF PERSONS BY POLICE
53.Interpretation of Part VI
53A.Qualifying offence” etc
54.Abolition of certain powers of constables to search persons
55.Searches of detained persons
55A.Searches and examination to ascertain identity
56A.X-rays and ultrasound scans
57.Right to have someone informed when arrested
Art. 58 rep. by 1998 NI 9
59.Access to legal advice
60.Tape‐recording of interviews
60A.Video recording of interviews
61A.Impressions of footwear
63A.Fingerprints and samples: supplementary provisions
64.Destruction of fingerprints and samples
64ZA.Destruction of samples
64ZB.Destruction of data given voluntarily
64ZC.Destruction of data relating to a person subject to a control order
64ZD.Destruction of data relating to persons not convicted
64ZE.Destruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences
64ZF.Destruction of data relating to persons under 16 not convicted: qualifying offences
64ZG.Destruction of data relating to persons aged 16 or 17 not convicted: qualifying offences
64ZH.Destruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence
64ZI.Articles 64ZB to 64ZH: supplementary provision
64ZJ.Destruction of fingerprints taken under Article 61(6A)
64ZK.Retention for purposes of national security
64ZL.Retention with consent
64ZM.Destruction of copies, and notification of destruction
64ZN.Use of retained material
64A.Photographing of suspects etc.
PART VII CODES OF PRACTICE—GENERAL
65.Codes of practice
66.Codes of practice—supplementary
PART VIII DOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS
67.Interpretation of Part VIII
Art. 68 rep. by 1999 NI 8
PART IX EVIDENCE IN CRIMINAL PROCEEDINGS—GENERAL
70.Interpretation of Part IX
Convictions and acquittals
71.Proof of convictions and acquittals
72.Conviction as evidence of commission of offence
73.Provisions supplementary to Article 72
74A.Confessions may be given in evidence for co-accused
75.Confessions by mentally handicapped persons
76.Exclusion of unfair evidence
77.Time for taking accused's evidence
78.Abolition of right of accused to make unsworn statement
79.Competence and compellability of accused's spouse or civil partner
79A. Rule where accused’s spouse or civil partner not compellable
80.Advance notice of expert evidence in Crown Court
80A.Evidence through live links
81.Evidence through television links
81A.Video recordings of testimony from child witnesses
Art. 81B rep. by 1999 NI 8
PART X POLICE—GENERAL
Arts. 82‐83 rep. by 1998 c. 32
84.Police officers performing duties of higher rank
PART XI MISCELLANEOUS AND SUPPLEMENTARY
85. Application of Order to Revenue and Customs
87.Meaning of “serious arrestable offence”
88.Power of constable to use reasonable force
89.Orders and regulations
90.Amendments and repeals
Making of orders by county court judge
1.If on an application made by a constable a county...
2.The first set of access conditions is fulfilled if—
3.The second set of access conditions is fulfilled if—
4.An order under this paragraph is an order that the...
5.Where the material consists of information stored in any electronic...
6.For the purposes of Articles 23 and 24 material produced...
Notices of applications for orders
7.An application for an order under paragraph 4 shall be...
8.Where notice of an application for an order under paragraph...
Issue of warrants by county court judge
9.If on an application made by a constable a county...
9A.The judge may not issue an all premises warrant unless...
10.A constable may seize and retain anything for which a...
11.The further conditions mentioned in paragraph 9(a)(ii) are—
12.(1) If a person fails to comply with an order...
13.The costs of any application under this Schedule and of...
PRESERVED POWERS OF ARREST
Fingerprinting and samples: power to require attendance at police station
Part 1 Fingerprinting
Persons arrested and released
1.(1) A constable may require a person to attend a...
Persons charged etc
2.(1) A constable may require a person to attend a...
Persons convicted etc of an offence in Northern Ireland
3.(1) A constable may require a person to attend a...
Persons subject to a control order
4.A constable may require a person to attend a police...
Persons convicted etc of an offence outside Northern Ireland
5.A constable may require a person to attend a police...
6.(1) Where a person's fingerprints have been taken under Article...
Part 2 Intimate samples
Persons suspected to be involved in an offence
7.A constable may require a person to attend a police...
8.A constable may require a person to attend a police...
Part 3 Non-intimate samples
9.(1) A constable may require a person to attend a...
10.(1) A constable may require a person to attend a...
11.(1) A constable may require a person to attend a...
12.A constable may require a person to attend a police...
13.A constable may require a person to attend a police...
Multiple exercise of power
14.(1) Where a non-intimate sample has been taken from a...
Part 4 General and supplementary
Requirement to have power to take fingerprints or sample
15.A power conferred by this Schedule to require a person...
Date and time of attendance
16.(1) A requirement under this Schedule— (a) shall give the...
17.A constable may arrest without warrant a person who has...
PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)
1.In any criminal proceedings where it is desired to give...
2.Notwithstanding paragraph 1, a court may require oral evidence to...
3.Any person who in a certificate tendered under paragraph 1...
4.In estimating the weight, if any, to be attached to...
5.For the purposes of paragraph 4 information shall be taken...
6.For the purpose of deciding whether or not a statement...
7.Provision may be made by the rules mentioned in paragraph...
PART I OFFENCES MENTIONED IN ARTICLE 87(2)(a)
6.Incest with a girl under the age of 14.
7.Buggery with a person under the age of 16.
8.Indecent assault which constitutes an act of gross indecency.
9.An offence under section 170 of the Customs and Excise...
PART II OFFENCES MENTIONED IN ARTICLE 87(2)(b)
Explosive Substances Act 1883 (c. 3)
1.Section 2 (causing explosion likely to endanger life or property)....
Criminal Law Amendment Act 1885 (c. 69)
2.Section 4 (unlawful carnal knowledge of a girl under the...
The Road Traffic (Northern Ireland) Order 1981
2A.Article 172B (aggravated vehicle‐taking causing death or grievous bodily injury)....
Para. 3 rep. by 1995 NI 18
Paras. 4‐6 rep. by 2004 NI 3
Taking of Hostages Act 1982 (c. 28)
7.Section 1 (hostage‐taking).
Aviation Security Act 1982 (c. 36)
8.Section 1 (hijacking).
Criminal Justice Act 1988 (c. 33)
9.Section 134 (torture).
Aviation and Maritime Security Act 1990 (c. 31)
10.Section 1 (endangering safety at aerodromes).
11.Section 9 (hijacking of ships).
12.Section 10 (seizing or exercising control of fixed platforms).
Protection of Children (Northern Ireland) Order 1978 (1978 N.I. 17)
13.Article 3 (indecent photographs and pseudo-photographs of children).
Channel Tunnel (Security) Order 1994 No. 570
13.Article 4 (hijacking of Channel Tunnel trains).
14.Article 5 (seizing or exercising control of the tunnel system)....
Road Traffic (Northern Ireland) Order 1995
13A.Article 9 (causing death, or grievous bodily injury, by dangerous...
14.Article 14 (causing death, or grievous bodily injury, by careless...
Domestic Violence, Crime and Victims Act 2004
15.Section 5 (causing or allowing the death of a child...
Firearms (Northern Ireland) Order 2004
16.Article 58(1) (possession of firearm with intent to endnager life,...
17.Article 59(1) (use of firearm or imitation firearm to resist...
18.Article 60 (carrying firearm or imitation firearm with criminal intent)....
Schedule 6—Minor and Consequential Amendments