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36. (1) Article 64A of PACE (photographing of suspects, etc.) is amended as follows.
(2) After paragraph (1) insert—
“(1A) A person falling within paragraph (1B) may, on the occasion of the relevant event referred to in paragraph (1B), be photographed elsewhere than at a police station—
(a)with the appropriate consent; or
(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.
(1B) A person falls within this paragraph if he has been—
(a)arrested by a constable for an offence;
(b)taken into custody by a constable after being arrested for an offence by a person other than a constable;
(c)given a fixed penalty notice by a constable in uniform under Article 60 of the Road Traffic Offenders (Northern Ireland) Order 1996.”.
(3) In paragraph (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.
(4) In paragraph (5), after sub-paragraph (b) insert
(c)“sentence” includes any order made by a court in Northern Ireland when dealing with an offender in respect of his offence.”.
(5) After paragraph (6) insert—
“(6A) In this Article, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.”.
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