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The Police and Criminal Evidence (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

PART VIICODES OF PRACTICE—GENERAL

Codes of practice

65.  The Secretary of State shall issue codes of practice in connection with—

(a)the exercise by police officers of statutory powers—

(i)to search a person without first arresting him; or

(ii)to search a vehicle without making an arrest;

(b)the detention, treatment, questioning and identification of persons by police officers;

(c)searches of premises by police officers; and

(d)the seizure of property found by police officers on persons or premises.

Codes of practice—supplementary

66.—(1) When the Secretary of State proposes to issue a code of practice to which this Article applies, he shall prepare and publish a draft of that code, shall consider any representations made to him about the draft and may modify the draft accordingly.

(2) This Article applies to a code of practice under Article 60 or 65.

(3) The Secretary of State shall lay before both Houses of Parliament a draft of any code of practice prepared by him under this Article.

(4) When the Secretary of State has laid the draft of a code before Parliament, he may bring the code into operation by order, subject to Article 89.

(5) An order bringing a code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code of practice thereby brought into operation.

(6) The Secretary of State may from time to time revise the whole or any part of a code of practice to which this Article applies and issue that revised code; and the foregoing provisions of this Article shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.

(7) A police officer shall be liable to disciplinary proceedings for a failure to comply with any provision of such a code, unless such proceedings are precluded by Article 22 of the Police (Northern Ireland) Order 1987(1).

(8) Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of such a code.

(9) A failure on the part—

(a)of a police officer to comply with any provision of such a code; or

(b)of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of such a code in the discharge of that duty,

shall not of itself render him liable to any criminal or civil proceedings.

(10) In all criminal and civil proceedings any such code shall be admissible in evidence; and if any provision of such a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(11) In this Article “criminal proceedings” includes—

(a)proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955(2), the Air Force Act 1955(3) or the Naval Discipline Act 1957(4) or a disciplinary court constituted under section 50 of the said Act of 1957; and

(b)proceedings in Northern Ireland before the Courts-Martial Appeal Court.

(12) Nothing in a code of practice or in an order made under—

(a)paragraph (4), or

(b)paragraph (b) of Article 60,

applies to the exercise of powers conferred by or under the terrorism provisions or to a person arrested or detained under those provisions.

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