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The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II POWERS TO STOP AND SEARCH

    1. 3.Power to stop and search for prohibited fireworks

    2. 4.Provisions relating to searches

    3. 5.Duty to make records concerning searches

    4. 6.Road checks

  4. PART III POWERS OF ENTRY, SEARCH AND SEIZURE

    1. 7.Search warrants

    2. 8.Special procedure material

    3. 9.Search warrants – safeguards

    4. 10.Execution of warrants

    5. 11.Entry for purposes of arrest, etc.

    6. 12.Entry and search after arrest

    7. 13.Access and copying

    8. 14.Retention

  5. PART IV ARREST

    1. 15.Powers of arrest

    2. 16.Fingerprinting of certain offenders

    3. 17.Search upon arrest

    4. 18.Arrested juveniles

  6. PART V DETENTION

    1. 19.Detention reviews

    2. 20.Use of telephone for review of detention

    3. 21.Authorisation of continued detention

    4. 22.Warrants of further detention

    5. 23.Use of video conferencing facilities for decisions about detention

    6. 24.Bail after arrest

  7. PART VI QUESTIONING AND TREATMENT OF PERSONS BY POLICE

    1. 25.Definitions

    2. 26.Intimate searches

    3. 27.Right to have someone informed when arrested

    4. 28.Access to legal advice

    5. 29.Visual recording of interviews

    6. 30.Fingerprinting

    7. 31.Impressions of footwear

    8. 32.Intimate samples

    9. 33.Non-intimate samples

    10. 34.Fingerprints and samples: supplementary

    11. 35.Destruction of fingerprints and samples

    12. 36.Photographing of suspects. etc

  8. PART VII CODES OF PRACTICE

    1. 37.Codes of practice

  9. PART VIII EVIDENCE IN CRIMINAL PROCEEDINGS

    1. 38.Confessions by mentally handicapped persons

  10. PART IX POLICE: GENERAL

    1. 39.Police officers performing duties of higher rank

  11. PART X SUPPLEMENTARY

    1. 40.Regulations

    2. 41.Minor amendment and repeals

  12. Signature

  13. SCHEDULES

    1. SCHEDULE 1

      POWERS OF ARREST: SUPPLEMENTARY

      1. The Unlawful Drilling Act 1819 (c. 1)

        1. 1.In section 2 (power to disperse unlawful meeting), omit “,...

      2. The Railway Regulation Act 1842 (c. 55)

        1. 2.Section 17 (punishment of persons guilty of misconduct) shall cease...

      3. The Companies Clauses Consolidation Act 1845 (c. 16)

        1. 3.In section 156 (transient offenders) omit “, and all persons...

      4. The Railways Clauses Consolidation Act 1845 (c. 20)

        1. 4.Sections 104 (detention of offenders) and 154 (transient offenders) shall...

      5. The Vagrancy (Ireland) Act 1847 (c. 84)

        1. 5.Section 4 (power to apprehend offenders) shall cease to have...

      6. The Town Police Clauses Act 1847 (c. 89)

        1. 6.In section 28 (offences) omit the words from “and any...

      7. The Public Stores Act 1875 (c. 25

        1. 7.In section 12 (powers of arrest and search) subsection (1)...

      8. The Military Lands Act 1892 (c. 43)

        1. 8.Section 17(2) (powers relating to breaches of byelaws) shall cease...

      9. The Summary Jurisdiction (Ireland) Act 1908 (c,24)

        1. 9.In Article 9(1) (persons found drunk in charge of children)...

      10. The Official Secrets Act 1911 (c. 28)

        1. 10.Section 6 (power of arrest) shall cease to have effect....

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

        1. 11.In section 2 (3) (power of police to enter on...

      12. The Criminal Justice (Northern Ireland) Act 1953 (c. 14)

        1. 12.Section 14 (proof of previous conviction by fingerprints) shall cease...

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

        1. 13.(1) In section 4 (penalties for assisting offenders)—

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

        1. 14.Section 7(2) (power of arrest) shall cease to have effect....

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

        1. 15.In section 24 (going equipped for stealing etc.) omit subsection...

      16. The Immigration Act 1971 (c. 77)

        1. 16.In section 28A (arrest without warrant), in each of subsections...

      17. The Theft (Northern Ireland) Order 1978 (NI 23)

        1. 17.In Article 5 (making off without payment) omit paragraph (4)....

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

        1. 18.In section 138 (provisions about arrest), in subsection (4)(c), after...

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

        1. 19.In Article 42 (functions of constables)— (a) in paragraph (4)...

      20. The Aviation Security Act 1982 (c. 36)

        1. 20.(1) In section 13 (power to require aerodrome managers to...

      21. The Housing (Northern Ireland) Order 1983 (NI 15)

        1. 21.In Part I of Schedule 3 (which sets out grounds...

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

        1. 22.In Article 25 (enforcement), in paragraph (2), for “Article 27”...

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

        1. 23.In Article 4 (persons found on premises used for betting...

      24. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

        1. 24.In Schedule 2 (control of sex establishments), omit paragraph 24....

      25. The Public Order (Northern Ireland) Order 1987 (NI 7)

        1. 25.In Article 24 (powers of arrest) omit paragraphs (1) and...

      26. The Police and Criminal Evidence(Northern Ireland) Order 1989 (NI 12)

        1. 26.(1) In Article 2(2) (general interpretation) omit the definitions of...

      27. The Aviation and Maritime Security Act 1990 (c. 31)

        1. 27.In section 22 (power to require harbour authorities to promote...

      28. The Criminal Justice and Public Order Act 1994 (c. 33)

        1. 28.(1) In section 68 (offence of aggravated trespass) omit subsection...

      29. The Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12)

        1. 29.In Article 125 (intimidation, etc.), omit paragraph (3).

      30. The Road Traffic (Northern Ireland) Order 1995 (NI 18)

        1. 30.In Article 15 (driving etc. under influence of drink or...

      31. The Reserve Forces Act 1996 (c. 14)

        1. 31.In Schedule 2 (deserters and absentees without leave), omit paragraph...

      32. The Public Processions (Northern Ireland) Act 1998 (c. 2)

        1. 32.Section 15 (powers of arrest) shall cease to have effect....

      33. The Police (Northern Ireland) Act 1998 (c. 32)

        1. 33.In section 66 (assaults, etc) omit subsection (3).

      34. The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)

        1. 34.(1) In Article 2(2) (interpretation) omit the definitions of “arrestable...

      35. The Terrorism Act 2000 (c. 11)

        1. 35.In Schedule 8 (detention), in paragraph 8 (which relates to...

      36. The International Criminal Court Act 2001 (c. 17)

        1. 36.(1) In section 33 (entry, search and seizure), in subsection...

      37. The Crime (International Co-operation) Act 2003 (c. 32)

        1. 37.(1) In section 16 (extension of statutory search powers in...

      38. The Gangmasters (Licensing) Act 2004 (c. 11)

        1. 38.In Schedule 2 (application of Act to Northern Ireland), in...

      39. The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

        1. 39.(1) In section 2 (entering U.K. without passport, etc.), in...

    2. SCHEDULE 2

      REPEALS

  14. Explanatory Note

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Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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