The Police and Criminal Evidence (Northern Ireland) Order 1989 No. 1341 (NI. 12)

PART XI N.I. MISCELLANEOUS AND SUPPLEMENTARY

N.I.

Application of Order to Customs and Excise N.I.

85.—(1) Subject to Article 89, the Treasury may by order direct—

(a) that any provision of this Order which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as the order may specify, to investigations conducted by officers of Customs and Excise of offences which relate to assigned matters, as defined in section 1 of the Customs and Excise Management Act 1979F1 , or to persons detained by officers of Customs and Excise; and

(b) that, in relation to investigations of offences conducted by officers of Customs and Excise—

(i) this Order shall have effect as if the following Article were inserted after Article 16—

“Exception for Customs and Excise

16A.   Material in the possession of a person who acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office and which relates to an assigned matter, as defined in section 1 of the Customs and Excise Management Act 1979, is neither excluded material nor special procedure material for the purposes of any statutory provision such as is mentioned in Article 11(2).”

; and

(ii) Article 56 shall have effect as if it related only to things such as are mentioned in paragraph (1)(a) of that Article.

(2) Nothing in any order under paragraph (1) shall be taken to limit any powers exercisable under section 164 of the Customs and Excise Management Act 1979F1 .

Para. (3) rep. by 2005 c. 11

F1 1979 c. 2

Article 86—Amendments

Meaning of “serious arrestable offence” N.I.

87.  F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 87 repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 41(2), Sch. 2

Power of constable to use reasonable force N.I.

88.  Where any provision of this Order—

(a) confers a power on a constable; and

(b) does not provide that the power may only be exercised with the consent of some person, other than a police officer,

the constable may use reasonable force, if necessary, in the exercise of the power.

Modifications etc. (not altering text)

C1 Art. 88 applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2

Orders and regulations N.I.

89.  Orders made under Articles [F3 53,] 60[F4 , 60A], 66, 81 and 85(1) and regulations made under Article 29(4) [F5 or 46A] shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946F6 shall apply accordingly.

F3 Words in art. 89 inserted (1.3.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 42(5)(6); S.R. 2007/177, art. 2

F4 2000 c. 32

F5 Words in art. 89 inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 40(2)

F6 1946 c. 36

Amendments and repeals N.I.

90.—(1) The statutory provisions mentioned in Schedule 6 shall have effect with the amendments there specified.

(2) The statutory provisions mentioned in Schedule 7 (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.

(3) The repeals in Part II of Schedule 7 have effect only in relation to criminal proceedings.