Search Legislation

The Police and Criminal Evidence (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 11.

SCHEDULE 1SPECIAL PROCEDURE

Making of orders by county court judge

1.  If on an application made by a constable a county court judge is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4.

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

(a)there are reasonable grounds for believing—

(i)that a serious arrestable offence has been committed;

(ii)that there is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application;

(iii)that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made; and

(iv)that the material is likely to be relevant evidence;

(b)other methods of obtaining the material—

(i)have been tried without success; or

(ii)have not been tried because it appeared that they were bound to fail; and

(c)it is in the public interest, having regard—

(i)to the benefit likely to accrue to the investigation if the material is obtained; and

(ii)to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

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

(a)there are reasonable grounds for believing that there is material which consists of or includes excluded material or special procedure material on premises specified in the application;

(b)but for Article 11(2) a search of the premises for that material could have been authorised by the issue of a warrant to a constable under a statutory provision other than this Schedule; and

(c)the issue of such a warrant would have been appropriate.

4.  An order under this paragraph is an order that the person who appears to the county court judge to be in possession of the material to which the application relates shall—

(a)produce it to a constable for him to take away; or

(b)give a constable access to it,

not later than the end of the period of seven days from the date of the order or the end of such longer period as the order may specify.

5.  Where the material consists of information contained in a computer—

(a)an order under paragraph 4(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b)an order under paragraph 4(b) shall have effect as an order to give a constable access to the material in a form in which it is visible and legible.

6.  For the purposes of Articles 23 and 24 material produced in pursuance of an order under paragraph 4(a) shall be treated as if it were material seized by a constable.

Notices of applications for orders

7.  An application for an order under paragraph 4 shall be made inter partes.

8.  Where notice of an application for an order under paragraph 4 has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except—

(a)with the leave of a judge; or

(b)with the written permission of a constable,

until—

(i)the application is dismissed or abandoned; or

(ii)he has complied with an order under paragraph 4 made on the application.

Issue of warrants by county court judge

9.  If on an application made by a constable a county court judge—

(a)is satisfied—

(i)that either set of access conditions is fulfilled; and

(ii)that any of the further conditions set out in paragraph 11 is also fulfilled; or

(b)is satisfied—

(i)that the second set of access conditions is fulfilled; and

(ii)that an order under paragraph 4 relating to the material has not been complied with,

he may issue a warrant authorising a constable to enter and search the premises.

10.  A constable may seize and retain anything for which a search has been authorised under paragraph 9.

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

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises to which the application relates;

(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;

(c)that the material contains information which—

(i)is subject to a restriction or obligation such as is mentioned in Article 13(2)(b); and

(ii)is likely to be disclosed in breach of it if a warrant is not issued;

(d)that service of notice of an application for an order under paragraph 4 may seriously prejudice the investigation for the purpose of which the application is sought, or other investigations.

12.—(1) If a person fails to comply with an order under paragraph 4, a county court judge may deal with him as if he had committed a contempt of the Crown Court.

(2) Any statutory provision relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.

Costs

13.  The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge.

Article 28.

SCHEDULE 2PRESERVED POWERS OF ARREST

1845 c. cxliiSection CCXXX of the Belfast Improvement Act 1845 (subject to Note 1)
1847 c. 89Section 28 of the Town Police Clauses Act 1847 (subject to Notes 1 and 2)
1854 c. 103Section 72 of the Towns Improvement (Ireland) Act 1854 (subject to Notes 1 and 2)
1892 c. 43Section 17(2) of the Military Lands Act 1892
1926 c. 8 (N.I.)Any power of arrest contained in regulations made under section 2 of the Emergency Powers Act (Northern Ireland) 1926
1952 c. 67Section 13 of the Visiting Forces Act 1952
1953 c. 18 (N.I.)Section 38(1) of the Prison Act (Northern Ireland) 1953
1955 c. 18Sections 186 and 190B of the Army Act 1955
1955 c. 19Sections 186 and 190B of the Air Force Act 1955
1957 c. 53Sections 104 and 105 of the Naval Discipline Act 1957
1962 c. 14 (N.I.)Rule 33 in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962
1968 c. 34 (N.I.)Sections 73(6), 99 and 140 of the Children and Young Persons Act (Northern Ireland) 1968
1969 c. 54Section 32 of the Children and Young Persons Act 1969
1971 c. 77Section 24(2) of the Immigration Act 1971 and paragraphs 17, 24 and 33 of Schedule 2 and paragraph 7 of Schedule 3 to that Act
1978 c. 5Section 13 of the Northern Ireland (Emergency Provisions) Act 1978
1980 c. 5Section 16 of the Child Care Act 1980
1980 c. 9Schedule 5 to the Reserve Forces Act 1980
1980 NI 5Article 19(1) of the Domestic Proceedings (Northern Ireland) Order 1980
1981 NI 1Articles 146(3), 180(5) and 181 of the Road Traffic (Northern Ireland) Order 1981
1981 NI 22Article 42(5) and (8) of the Diseases of Animals (Northern Ireland) Order 1981
S.I. 1982/1135Article 7A(6) of, and Rule 35 in Schedule 2 to, the Northern Ireland Assembly Elections Order 1982
1983 c. 2 S.I. 1986/2250Rule 36 in Schedule 1 to the Representation of the People Act 1983 (including that rule as applied by regulation 5(1) of, and Schedule 1 to, the European Parliamentary Elections (Northern Ireland) Regulations 1986)
1984 c. 47Section 5(5) of the Repatriation of Prisoners Act 1984
S.I. 1985/454Article 15(6) of the Local Elections (Northern Ireland) Order 1985
1985 c. 2Section 3(6) of the Elections (Northern Ireland) Act 1985 (including that section as applied by regulation 5(1) of, and Schedule 1 to, the European Parliamentary Elections (Northern Ireland) Regulations 1986)
1986 NI 4Articles 29, 42(10), 43(5), 45(6), 130(1) and 132 of the Mental Health (Northern Ireland) Order 1986
1987 NI 7Article 24(1) and (2) of the Public Order (Northern Ireland) Order 1987
1989 c. 4Section 14 of, and paragraph 7(2) of Schedule 2 and paragraph 6 of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989
Note 1The power of arrest under the section is preserved only in relation to the offence of loitering and importuning by a common prostitute or nightwalker.
Note 2The reference to the section includes a reference to it as incorporated with any other statutory provision.

Article 68(4).

SCHEDULE 3PROVISIONS SUPPLEMENTARY TO ARTICLE 68(4)

1.  In any criminal proceedings where it is desired to give a statement in evidence in accordance with Article 68, a certificate—

(a)identifying the document containing the statement and describing the manner in which it was produced;

(b)giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;

(c)dealing with any of the matters mentioned in paragraph (1) of Article 68; and

(d)purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,

shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

2.  Notwithstanding paragraph 1, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph.

3.  Any person who in a certificate tendered under paragraph 1 in a magistrates' court, a county court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

4.  In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—

(a)to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and

(b)to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.

5.  For the purposes of paragraph 4 information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment.

6.  For the purpose of deciding whether or not a statement is admissible in evidence the court may draw any reasonable inference—

(a)from the circumstances in which the statement was made or otherwise came into being; or

(b)from any other circumstances, including the form and contents of the document in which the statement is contained.

7.  Provision may be made by the rules mentioned in paragraph (3) of Article 68 supplementing the provisions of that Article or this Schedule.

Article 86.

SCHEDULE 4AMENDMENTS RELATING TO THE SERVICE OF SUMMONS, ETC. BY POST

The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28(N.I.))

1.—(1) In section 1(8), at the beginning insert the words “Subject to section 1A and”.

(2) After section 1 insert the following section—

Service by ordinary post.

1A.(1) Without prejudice to subsection (8) of section 1, a document required by that section to be served on any person may, in relation to criminal proceedings in a magistrates' court, be served by ordinary post in an envelope in the manner described in paragraph (c) or (d) of that subsection.

(2) A written statement contained in a document served in accordance with subsection (1) shall not be admissible in evidence under section 1 unless the person upon whom the document is served provides an acknowledgement in such form and manner as may be prescribed by magistrates' courts rules.

(3) Unless the contrary is proved—

(a)such an acknowledgement shall be taken as proof of service; and

(b)the document shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post..

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

2.  After Article 25 insert the following Article—

Proceedings invalid where accused did not know of them

25A.(1) Where a summons has been issued under Article 20 and a magistrates' court has begun to hear the complaint to which the summons relates, then, if—

(a)the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to hear the complaint; and

(b)within 21 days of that date the declaration is served on the clerk of petty sessions,

without prejudice to the validity of the complaint, the summons and all subsequent proceedings shall be void.

(2) For the purposes of paragraph (1) a statutory declaration shall be deemed to be duly served on the clerk of petty sessions if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

(3) If on the application of the accused it appears to a court of summary jurisdiction that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in paragraph (1) within the period allowed by that paragraph, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this paragraph shall be deemed to have been served as required by that paragraph.

(4) Where any proceedings have become void by virtue of paragraph (1), the complaint shall not be heard again by the same resident magistrate or justice of the peace or, where the complaint was heard by a juvenile court, any member of the court which heard the complaint..

3.  In Article 126—

(a)in paragraph (1) after the word “affidavit” add “or by such other document as may be prescribed”; and

(b)after paragraph (2) add the following—

(3) Magistrates' courts rules may provide that any document purporting to be given as a document prescribed under paragraph (1) shall be received in evidence and shall be deemed to be duly given unless the contrary is shown.

(4) Without prejudice to Article 10 of the Perjury (Northern Ireland) Order 1979, if, in a document purporting to be given as a document prescribed under paragraph (1), a person—

(a)makes a statement that he knows to be false in a material particular, or

(b)recklessly makes any statement that is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 3 on the standard scale, or both..

Article 87.

SCHEDULE 5SERIOUS ARRESTABLE OFFENCES

PART IOFFENCES MENTIONED IN ARTICLE 87(2)(a)

1.  Treason.

2.  Murder.

3.  Manslaughter.

4.  Rape.

5.  Kidnapping.

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

7.  Buggery with—

(a)a boy under the age of 16; or

(b)a person who has not consented.

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

PART IIOFFENCES 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 age of 14).

Road Traffic (Northern Ireland) Order 1981 (1981 NI 1)

3.  Article 139(1) (causing death or grievous bodily injury by reckless driving).

Firearms (Northern Ireland) Order 1981 (1981 NI 2)

4.  Article 17 (possession of firearm with intent to injure).

5.  Article 18(1) (use of firearm or imitation firearm to resist arrest).

6.  Article 19 (carrying firearm or imitation firearm with criminal intent).

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).

Article 90(1).

SCHEDULE 6MINOR AND CONSEQUENTIAL AMENDMENTS

The Railway Regulation Act 1840 (c. 97)

1.  In section 16 (persons obstructing officers of railway company or trespassing upon railway) for the words from “and” (third time) to “justice” (third time) substitute “be guilty of an offence and liable on summary conviction, at the discretion of the court, to”.

The Summary Jurisdiction (Ireland) Act 1851 (c. 92)

2.  In section 14, in paragraph 2 for the words from the beginning to “any such person” substitute “If any offender”.

The Game Preservation Act (Northern Ireland) 1928 (c. 25 (N.I.))

3.  In section 2(3), at the end add “or for the purpose of arresting a person under Article 27 of the Police and Criminal Evidence (Northern Ireland) Order 1989, for an offence under this Act”.

The Army Act 1955 (c. 18)The Air Force Act 1955 (c. 19)

4.  For section 195(3) of each Act substitute—

(3) A constable may seize any property which he has reasonable grounds for suspecting of having been the subject of an offence against this section..

The Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.))

5.  In section 4, after subsection (1) insert the following subsection—

(1A) In this section and section 5 “arrestable offence” has the meaning assigned to it by Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989..

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

6.—(1) In section 27(2), for the words from “apprehend” to “young person” substitute “detain the child or young person and take him”.

(2) In section 50(1), for the words from the beginning to “constabulary” substitute “Where a person apparently under the age of 14 is arrested without warrant for an offence other than homicide and cannot forthwith be brought before a magistrates' court, the member of the Royal Ulster Constabulary performing the functions of custody officer (within the meaning of Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989) at the police”, and omit paragraph (a).

(3) In section 50(2), for the word “seventeen” substitute “14”.

(4) In section 50(3)—

(a)for the words from the beginning to “offence” substitute “Where a person apparently under the age of 14 is arrested without warrant for an offence other than homicide”, and

(b)for the words from “within” (first time) to “1981” substitute “as soon as is practicable and in any case within a period of 36 hours from the time of his arrest”.

(5) After subsection (3) of section 50 add the following subsection—

(3A) A child or young person arrested in pursuance of a warrant shall not be released unless he or his parent or guardian (with or without sureties) enters into a recognizance for such amount as the officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognizance entered into in pursuance of this section may, if the officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person..

The Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

7.  In paragraph 2 of Schedule 1, for the words from “may be” to “he” (second time) substitute “if he fails to satisfy a court of summary jurisdiction that he came lawfully by such carcase, head, skin, part or fleece”.

The Immigration Act 1971 (c. 77)

8.  In section 25(3) for the words “A constable or” substitute “An”.

The Customs and Excise Management Act 1979 (c. 2)

9.  In section 138(4), after paragraph (b) add the following—

or

(c)by virtue of Article 26 of the Police and Criminal Evidence(Northern Ireland) Order 1989 in its application to such offences.

The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

10.  In Article 19—

(a)after paragraph (1) insert the following paragraph—

(1A) A person arrested under paragraph (1) may be released—

(a)without bail, or

(b)on bail granted in accordance with Article 48 of the Police and Criminal Evidence (Northern Ireland) Order 1989.;

(b)in paragraph (2) for the words from “released” to “1981” substitute “so released”; and

(c)paragraph (7) shall be omitted.

The Diseases of Animals (Northern Ireland) Order 1981 (NI 22)

11.  In Article 42(4), for the words from “whether” to “or not” substitute “whether stopping or detaining a person as mentioned in paragraph (2) or arresting under Article 27 of the Police and Criminal Evidence (Northern Ireland) Order 1989 a person stopped or detained under that paragraph, or not”.

The Food and Environment Protection Act 1985 (c. 48)

12.  In paragraph 7 of Schedule 2, in sub-paragraph (4) after the words “execution of warrants)” insert “and, in relation to Northern Ireland, Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (which make provision corresponding to those sections)”.

The Wildlife (Northern Ireland) Order 1985 (NI 2)

13.  In Article 25(2) (enforcement powers), after the words “paragraph (1)” insert “or for the purpose of arresting a person under Article 27 of the Police and Criminal Evidence (Northern Ireland) Order 1989, for an offence under Part II or Part III”.

The Betting, Gaming, Lotteries and Amusements(Northern Ireland) Order 1985 (NI 11)

14.  In Article 5(2), for the words from the beginning to “Article and” substitute—

Where a person is found committing an offence under this Article, any constable.

The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (NI 16)

15.  In Article 8(6) for the words from “by section 1” to “1972” substitute—

(a)by section 1 of the Evidence of Alibi Act (Northern Ireland) 1972; or

(b)by Article 80 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (expert evidence),.

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)

16.—(1) In Articles 3(1) and 4(1), in each place after sub-paragraph (b) insert the following—

and

(c)to Article 68 of the Police and Criminal Evidence (Northern Ireland) Order 1989,.

(2) In Articles 3(4) and 4(3), in each place for the words from “otherwise” onwards substitute the words “be admissible under Article 74 of the Police and Criminal Evidence (Northern Ireland) Order 1989”.

The Criminal Evidence (Northern Ireland) Order 1988 (NI 20)

17.  For paragraph (10) of Article 4 substitute the following—

(10) In section 1 of the Criminal Evidence Act (Northern Ireland) 1923, in provisos (e), (  f) and (g) references to that Act shall be construed as including references to this Order..

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

18.  In section 15(7), for paragraph (b) substitute—

(b)Article 47 of the Police and Criminal Evidence (Northern Ireland) Order 1989;.

The Official Secrets Act 1989 (c. 6)

19.  In section 11—

(a)omit subsection (2); and

(b)after subsection (3) insert the following—

(3A) In the application of subsection (3) above to Northern Ireland—

(a)the reference to the Police and Criminal Evidence Act 1984 shall be construed as a reference to the Police and Criminal Evidence (Northern Ireland) Order 1989;

(b)the reference to section 9(2) of that Act shall be construed as a reference to Article 11(2) of that Order; and

(c)the reference to paragraph 3(b) of Schedule 1 to that Act shall be construed as a reference to paragraph 3(b) of Schedule 1 to that Order..

Article 90(2) and (3).

SCHEDULE 7REPEALS

PART IPROVISIONS REPEALED IN CONSEQUENCE OF PARTS II TO VI

Chapter or NumberShort TitleExtent of repeal
1819 c. 1.The Unlawful Drilling Act 1819.In section 2, the words from “and to arrest” onwards.
1842 c. 55.The Railway Regulation Act 1842.In section 17, the words “or for any special constable duly appointed,”.
1845 c. 20.The Railways Clauses Consolidation Act 1845.In section 104, the words “and all constables, gaolers, and peace officers,”.
1860 c. 32.The Ecclesiastical Courts Jurisdiction Act 1860.In section 3, the words “constable or”.
1861 c. 100.The Offences against the Person Act 1861.In section 65, the words “in the daytime”.
1871 c. 96.The Pedlars Act 1871.Sections 18 and 19.
1875 c. 17.The Explosives Act 1875.In section 78, the words “by a constable, or”.
1889 c. 18.The Indecent Advertisements Act 1889.Section 6.
1889 c. 57.The Regulation of Railways Act 1889.In section 5(2), the words “or any constable”.
1908 c. 24.The Summary Jurisdiction (Ireland) Act 1908.Section 8.
1911 c. 28.The Official Secrets Act 1911.In section 9(1), the words “named therein”.
1912 c. 20.The Criminal Law Amendment Act 1912.Section 1.
1928 c. 25 (N.I.).The Game Preservation Act (Northern Ireland) 1928.In section 2(2), the second paragraph.
1953 c. 14 (N.I.).The Criminal Justice Act (Northern Ireland) 1953.Section 25.
1957 c. 53.The Naval Discipline Act 1957.In section 106(1), the words from “may” in the first place where it occurs to “and”.
1967 c. 18 (N.I.).The Criminal Law Act (Northern Ireland) 1967.Section 2.
1968 c. 34 (N.I.).The Children and Young Persons Act (Northern Ireland) 1968.Sections 31 and 50(1)(a).
1969 c. 16 (N.I.).The Theft Act (Northern Ireland) 1969.Section 12(6). In section 25, subsection (2) and in subsection (5) the words from “and, in subsection (2)” onwards.
1971 c. 13 (N.I.).The Licensing Act (Northern Ireland) 1971.Section 50(3). In section 67—  (a) in subsection (3), the words “at any time within 14 days from the time of the issue of the warrant”; (b) in subsection (4)(b), the words “arrest and”;   (c) subsection (5). Section 69(3).
1971 c. 38.The Misuse of Drugs Act 1971.Section 24.
1971 c. 77.The Immigration Act 1971.In Schedule 2, in paragraph 17(2), the words from “acting” to “the warrant” (first time).
1974 c. 6.The Biological Weapons Act 1974.In section 4(1), the words “named therein” (first time).
1976 c. 58.The International Carriage of Perishable Foodstuffs Act 1976.Section 11(6).
1977 NI 4.The Criminal Damage (Northern Ireland) Order 1977.In Article 8(1), the words “by information on oath”.
1978 NI 17.The Protection of Children (Northern Ireland) Order 1978.In Article 4(1), the words “within fourteen days from the date of the warrant”.
1979 c. 2.The Customs and Excise Management Act 1979.In section 138, in subsections (1) and (2), the words “or constable”.
1980 NI 5.The Domestic Proceedings (Northern Ireland) Order 1980.Article 19(7).
1980 NI 6.The Criminal Justice (Northern Ireland) Order 1980.In Article 10—  (a) in paragraph (1), the words from “and if” onwards; and (b) paragraph (4).
1981 NI 1.The Road Traffic (Northern Ireland) Order 1981.Article 86(2). In Article 139(4), the words “(1) or” and “at any time within 48 hours of the signing of the warrant”. In Article 180, in paragraph (5) the words “142 or 172” and paragraph (6).
1981 NI 2.The Firearms (Northern Ireland) Order 1981.In Article 45(1), the words “by information on oath” and “named in the warrant”. Article 50.
1981 NI 22.The Diseases of Animals (Northern Ireland) Order 1981.Article 42(3).
1981 NI 26.The Magistrates' Courts (Northern Ireland) Order 1981.Articles 61, 130 and 131.
1983 NI 13.The Criminal Attempts and Conspiracy (Northern Ireland) Order 1983.Article 8(4).
1985 NI 2.The Wildlife (Northern Ireland) Order 1985.Article 25(1)(c).
1985 NI 11.The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.In Article 180—  (a) in paragraph (3), the words “at any time within 14 days from the time of the issue of the warrant”; (b) in paragraph (4)(b) the words “arrest and”; and   (c) paragraph (5).
1985 NI 15.The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985.In Schedule 2, paragraph 24.
1986 NI 4.The Mental Health (Northern Ireland) Order 1986.In Article 129, in paragraphs (1), (2), (3) and (4), the words “named therein”.
1987 NI 14.The Registration of Clubs (Northern Ireland) Order 1987.In Article 37—  (a) in paragraph (3), the words “at any time within 14 days from the time of the issue of the warrant”; (b) in paragraph (4)(b), the words “arrest and”; and   (c) paragraph (7).
1988 c. 33.The Criminal Justice Act 1988.Section 149 and Schedule 14.
1989 c. 4.The Prevention of Terrorism (Temporary Provisions) Act 1989.In Schedule 8, paragraph 10(4).
1989 c. 6.The Official Secrets Act 1989.Section 11(2).

PART IIPROVISIONS REPEALED IN RELATION TO CRIMINAL PROCEEDINGS IN CONSEQUENCE OF PART IX

ChapterShort TitleExtent of repeal
1851 c. 99.The Evidence Act 1851.Section 13.
1865 c. 18.The Criminal Procedure Act 1865.In section 6, the words from “and a certificate” onwards.
1871 c. 112.The Prevention of Crimes Act 1871.Section 18 except the words “A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.”.

PART IIIPROVISIONS REPEALED GENERALLY IN CONSEQUENCE OF PART IX

Chapter or NumberShort TitleExtent of repeal
1853 c. 83.The Evidence Amendment Act 1853.Section 3.
1883 c. 3.The Explosive Substances Act 1883.Section 4(2).
1888 c. 64.The Law of Libel Amendment Act 1888.Section 9.
1923 c. 9 (N.I.).The Criminal Evidence Act (Northern Ireland) 1923.In section 1—  (a) the words “and the wife or husband, as the case may be, of the person so charged”; and (b) provisos (b), (c), (d) and (h). Section 4. In section 5(1), the words from “notwithstanding” to the end. The First Schedule.
1945 c. 15 (N.I.).The Criminal Justice Act (Northern Ireland) 1945.Section 26(4).
1951 c. 7 (N.I.).The Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951.Section 7(2), so far as it is unrepealed.
1968 c. 34 (N.I.).The Children and Young Persons Act (Northern Ireland) 1968.Section 34.
1971 c. 36 (N.I.).The Civil Evidence Act (Northern Ireland) 1971.Section 12(4).
1978 NI 17.The Protection of Children (Northern Ireland) Order 1978.Article 7(2) to (5).
1981 NI 26.The Magistrates' Courts (Northern Ireland) Order 1981.In Article 30(4) the words “make a statement”. In Article 125 the words “other than a juvenile court”.
1986 NI 4.The Mental Health (Northern Ireland) Order 1986.Article 122(5).
1986 NI 18.The Social Security (Northern Ireland) Order 1986.Article 57(4) and (5).

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