Counter-Terrorism and Border Security Act 2019

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

20 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

(2) In Article 51 (savings), after paragraph (b) insert—

“(ba) the powers conferred by virtue of Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (powers of detention);”.

(3) In Article 57 (right to have someone informed when arrested), in paragraph (10) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”.

(4) In Article 59 (access to legal advice), in paragraph (12) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”.

(5) In Article 61 (fingerprinting), in paragraph (9)(b) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”.

(6) In Article 61A (impressions of footwear), in paragraph (8)(a) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”.

(7) In Article 62 (intimate samples), after paragraph (12) insert—

“(13) Nothing in this Article applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and paragraph (1A) does not apply where the non-intimate samples mentioned in that paragraph were taken under Part 2 of that Schedule.”

(8) In Article 63 (other samples), in paragraph (11) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”.

(9) In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 (N.I.))), after paragraph (4) insert—

“(4A) Articles 63B to 63Q do not apply to material to which paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (destruction, retention and use of material) apply.”