The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007

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

1.—(1) Article 37 is amended as follows.

(2) For paragraph (3) substitute—

“(3) No person may be appointed a custody officer unless—

(a) he is a police officer of at least the rank of sergeant; or

(b) he is a staff custody officer.”.

(3) In paragraph (5) for “an officer” substitute “an individual”.

(4) In paragraph (7)—

(a) in sub-paragraph (a)—

(i) after “by an officer” insert “or a staff custody officer”;

(ii) for “such an officer” substitute “such a person”;

(b) in sub-paragraph (b) for “such officer” substitute “such person”.

(5) In paragraph (8)—

(a) after “in” insert “Article 35 or in”;

(b) for “an officer” substitute “a person”.

(6) After paragraph (10) add—

“(11) In this Article “staff custody officer” means a person who has been designated as such under section 30 of the Police (Northern Ireland) Act 2003.”.

2.  In Article 40—

(a) in paragraph (6)(a) after “custody officer” insert “(or, if the custody officer is a staff custody officer, any police officer or any member of the police support staff)”;

(b) after paragraph (6) add—

“(7) In paragraph (6)—

“police support staff” has the meaning given by section 4(6) of the Police (Northern Ireland) Act 2000;

“staff custody officer” has the same meaning as in Part 2 of the Police (Northern Ireland) Act 2003.”.