Search Legislation

Crime and Security Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.

Changes to legislation:

There are currently no known outstanding effects for the Crime and Security Act 2010, Section 10. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

10Information to be given on taking of materialN.I.

This sectionnoteType=Explanatory Notes has no associated

Fingerprinting

(1)In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting), for paragraph (7) there is substituted—

(7)Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this Article—

(a)before the fingerprints are taken, the person shall be informed of—

(i)the reason for taking the fingerprints;

(ii)the power by virtue of which they are taken; and

(iii)in a case where the authorisation of the court or an officer is required for the exercise of the power, the fact that the authorisation has been given; and

(b)those matters shall be recorded as soon as practicable after the fingerprints are taken.

(2)In that Article, in paragraph (7A)—

(a)for “paragraph (6A)”, in the first place, there is substituted “ paragraph (4AA), (6A) ”;

(b)in paragraph (a), for the words from “(or” to “constable)” there is substituted “ (or, where by virtue of paragraph (4AA), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) ”.

(3)In that Article, in paragraph (8) (requirement to record reason for taking fingerprints on custody record), for “the reason for taking them” there is substituted “ the matters referred to in paragraph (7)(a)(i) to (iii) ”.

Intimate samples

(4)In Article 62 of that Order (intimate samples), for paragraphs (5) to (7A) there is substituted—

(5)Before an intimate sample is taken from a person, an officer shall inform him of the following—

(a)the reason for taking the sample;

(b)the fact that authorisation has been given and the provision of this Article under which it has been given; and

(c)if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.

(6)The reason referred to in paragraph (5)(a) must include, except in a case where the intimate sample is taken under paragraph (2A), a statement of the nature of the offence in which it is suspected that the person has been involved.

(7)After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—

(a)the matters referred to in paragraph (5)(a) and (b);

(b)if the sample was taken at a police station, the fact that the person has been informed as specified in paragraph (5)(c); and

(c)the fact that the appropriate consent was given.

(5)In that Article, in paragraph (8), the words “or (7A)” are repealed.

(6)In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers exercisable by detention officers), in paragraph 16 (warnings about intimate samples), for “Article 62(7A)(a)” there is substituted “ Article 62(5)(c) ”.

Non-intimate samples

(7)In Article 63 of that Order (non-intimate samples), for paragraphs (6) to (8A) there is substituted—

(6)Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this Article—

(a)before the sample is taken, an officer shall inform him of—

(i)the reason for taking the sample;

(ii)the power by virtue of which it is taken; and

(iii)in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and

(b)those matters shall be recorded as soon as practicable after the sample is taken.

(7)The reason referred to in paragraph (6)(a)(i) must include, except in a case where the non-intimate sample is taken under paragraph (3B) or (3D), a statement of the nature of the offence in which it is suspected that the person has been involved.

(8)In that Article, in paragraph (9) (requirement to record matters on custody record), for “paragraph (8), (8A) or (8B)” there is substituted “ paragraph (6) or (8B) ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources