The Terrorism Act 2000 (Revised Code of Practice for the Identification of Persons by Police Officers) (Northern Ireland) Order 2006

Statutory Instruments

2006 No. 1330

PREVENTION AND SUPPRESSION OF TERRORISM

NORTHERN IRELAND

The Terrorism Act 2000 (Revised Code of Practice for the Identification of Persons by Police Officers) (Northern Ireland) Order 2006

Made

11th May 2006

Coming into force

12th May 2006

This Order is made in exercise of the powers conferred by section 101(4) of the Terrorism Act 2000(1) (“the 2000 Act”).

In accordance with section 101(2) of the 2000 Act, the Secretary of State has published a draft of the revised code of practice which is brought into operation by this Order, and considered representations made to him about that draft.

In accordance with section 101(3) a draft of the revised code of practice has been laid before Parliament, and a draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 123(4) of the 2000 Act.

Accordingly, the Secretary of State makes the following Order:

Citation and commencement

1.  This Order may be cited as the Terrorism Act 2000 (Revised Code of Practice for the Identification of Persons by Police Officers) (Northern Ireland) Order 2006 and shall come into force on the day after the day on which it is made.

Code of practice

2.  The revised code of practice in connection with the exercise by police officers of powers conferred by the 2000 Act which was laid in draft before Parliament on 14th March 2006(2) shall come into operation on 12th May 2006.

Peter Hain

One of Her Majesty’s Principal Secretary of State

Northern Ireland Office

11 May 2006

Explanatory Note

(This note is not part of the Order)

The Terrorism Act 2000 (“the 2000 Act”) confers certain powers on police officers. Section 99(1) enables the Secretary of State to make codes of practice in relation to the exercise of any power conferred by the Act.

The first code of practice came into operation on 19th February 2001. This Order brings into operation a revised version of that code. The revisions affect Part 2 of the code (Code of Practice for the Identification of Persons by Police Officers) so as to make the use of video identification parades the first option available to investigating officers when trying to identify a suspect. This will mean that investigators in Northern Ireland will have the same video identification options available as those in England and Wales.

The revised code was subject to consultation before being laid before Parliament.

(1)

2000 c. 11. Section 101(5) allows the Secretary of State to revise the whole or part of any code of practice issued by him, and the procedures set out in sections 101(2) to (4) apply to the revised code as they apply to the original code.

(2)

The code of practice to which these revisions apply was brought into operation by the Terrorism Act 2000 (Code of Practice on the Exercise of Police Powers) (Northern Ireland) Order 2001 (S.I. 2001/401).