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Explanatory Memorandum to Police & Criminal Evidence (Amendment)(Northern Ireland)Order 2007

Main Elements of the Order

8.Many of the provisions within the Order replicate changes already made to the Police & Criminal Evidence Act 1984 which provides the legislative framework in England & Wales.  The Order includes provisions to:-

(a)

redefine the framework of arrest powers so that a police officer can arrest for any offence subject to a necessity test;

(b)

increase the range of search warrants for which police can apply;

(c)

take fingerprints of a suspect elsewhere other than a police station for the purpose of confirming identity;

(d)

take a visual image of an arrested person elsewhere other than a police station;

(e)

take footwear impressions with or without the suspect’s consent;

(f)

stop and search a person or vehicle and seize fireworks whose possession is in contravention of fireworks regulations;

(g)

allow the review of detention without charge to be carried out by telephone or video-conferencing facilities;

(h)

extend powers to take fingerprints without consent;

(i)

lower police authorisation levels for carrying out intimate searches and the taking of intimate and non-intimate samples;

(j)

extend the scope for the speculative searches of fingerprints and other samples;

(k)

change the definition of an arrested juvenile within PACE from anyone under the age of 17 years to anyone under the age of 18 years.

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