The Criminal Justice (Northern Ireland) Order 2004

The 1989 Order

1.  In Article 20 (entry and search after arrest), for paragraph (5) substitute—

“(5) A constable may conduct a search under paragraph (1)—

(a) before the person is taken to a police station or released on bail under Article 32A; and

(b) without obtaining an authorisation under paragraph (4),

if the condition in paragraph (5A) is satisfied.

(5A) The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.”.

2.  In Article 35 (limitations on police detention), for paragraph (8) substitute—

“(8) For the purposes of this Part a person who—

(a) attends a police station to answer to bail granted under Article 32A;

(b) returns to a police station to answer to bail granted under this Part; or

(c) is arrested under Article 32D or 47A,

is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail under Article 32A or this Part.”.

3.  In Article 36(1) (designated police stations), for “Article 32(3), (5) and (6)” substitute “Articles 32(3), (5) and (6), 32A(5) and 32D(2)”.

4.  In Article 37 (custody officers at police stations), after paragraph (7) insert—

“(7A) Subject to paragraph (7B), paragraph (7) applies where a person attends a police station which is not a designated station to answer to bail granted under Article 32A as it applies where a person is taken to such a station.

(7B) Where paragraph (7) applies because of paragraph (7A), the reference in paragraph (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail under Article 32A.”.

5.  In Article 42(2) (calculation of periods of time), after sub-paragraph (b) insert—

“(ba) in the case of a person who attends a police station to answer to bail granted under Article 32A, the time when he arrives at the police station;”.