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Police (Northern Ireland) Act 2003

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This is the original version (as it was originally enacted).

Part 2Detention officers

Attendance at police station for fingerprinting

11Where a designation applies this paragraph to a person, he has the power of a constable under Article 29(1) of the 1989 Order (fingerprinting of offenders) to require a person to attend a police station in order to have his fingerprints taken.

Non-intimate searches of detained persons

12(1)Where a designation applies this paragraph to a person, he has the powers of a constable under Article 55 of the 1989 Order (non-intimate searches of detained persons)—

(a)to carry out a search under that Article of any person at a police station or of any other person otherwise in police detention;

(b)to seize or retain, or cause to be seized or retained, anything found on such a search.

(2)Paragraphs (9) and (12) of Article 55 of that Order (restrictions on power to seize clothes and personal effects and searches to be carried out by a member of the same sex) apply to the exercise by the designated person of any power exercisable by virtue of this paragraph as they apply to the exercise of the power in question by a constable.

Searches and examinations to ascertain identity

13Where a designation applies this paragraph to a person, he has the powers of a constable under Article 55A of the 1989 Order (searches and examinations to ascertain identity)—

(a)to carry out a search or examination at a police station;

(b)to take a photograph at a police station of an identifying mark.

Fingerprinting

14Where a designation applies this paragraph to a person—

(a)he has the power of a constable under Article 61 of the 1989 Order (fingerprinting) to take fingerprints at a police station without the appropriate consent;

(b)the requirement by virtue of paragraph (7A)(a) of that Article that a person must be informed by an officer that his fingerprints may be the subject of a speculative search may be discharged, in the case of a person at a police station, by his being so informed by the designated person.

15Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 10(2) of Schedule 8 to the Terrorism Act 2000 (c. 11) (fingerprinting persons detained under the terrorism provisions) to take fingerprints from a person detained under the terrorism provisions.

Warnings about intimate samples

16Where a designation applies this paragraph to a person, the requirement by virtue of Article 62(7A)(a) of the 1989 Order (intimate samples) that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search may be discharged, in the case of a person in a police station, by his being so informed by the designated person.

Non-intimate samples

17Where a designation applies this paragraph to a person—

(a)he has the power of a constable under Article 63 of the 1989 Order (non-intimate samples), in the case of a person in a police station, to take a non-intimate sample without the appropriate consent;

(b)the requirement by virtue of paragraph (6) of that Article (information about authorisation) that a person must be informed by an officer of the matters mentioned in that paragraph may be discharged, in the case of an authorisation in relation to a person in a police station, by his being so informed by the designated person;

(c)the requirement by virtue of paragraph (8B)(a) of that Article that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search may be discharged, in the case of a person in a police station, by his being so informed by the designated person.

18Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 10(3) of Schedule 8 to the Terrorism Act 2000 (c. 11) (non-intimate samples from persons detained under the terrorism provisions) to take a non-intimate sample from a person detained under the terrorism provisions.

Attendance at police station for the taking of a sample

19Where a designation applies this paragraph to a person, he has the power of a constable under paragraph (4) of Article 63A of the 1989 Order (supplementary provisions relating to fingerprints and samples) to require a person to attend a police station in order to have a sample taken.

Photographing detained persons

20Where a designation applies this paragraph to a person, he has the power of a constable under Article 64A of the 1989 Order (photographing of suspects etc.) to take a photograph of a person detained at a police station.

21Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 2 of Schedule 8 to the Terrorism Act 2000 (identification of persons detained under the terrorism provisions) to photograph a person detained under the terrorism provisions.

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