The Police and Criminal Evidence (Northern Ireland) Order 1989

Changes over time for: Section 3

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Changes to legislation:

The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 3 is up to date with all changes known to be in force on or before 25 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Article 3:

various legislation applied by 2016 c. 18 (N.I.) s. 161(2)(a)
art. 3 extended by 2003 c. 6 Sch. 2A para. 17(a) (as inserted) by S.I. 2007/912 (N.I.) Sch. 5
art. 3(2)(a) words inserted by 2019 c. 17 s. 12(2)
art. 3(3) words inserted by 2019 c. 17 s. 12(3)
art. 3(6) words inserted by 2019 c. 17 s. 12(4)

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Order applied by 2016 c. 18 (N.I.) s. 150(1)(a)
Order excluded by 2012 c. 9 Sch. 1 para. 7(5)
Order extended by 2003 c. 6 Sch. 4 para. 23A (as inserted) by S.I. 2007/912 (N.I.) Sch. 4 para. 5

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 2A para. 1(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(a)(ii)
Sch. 2A para. 2(2)(c) and word inserted by 2015 c. 9 (N.I.) s. 83(3)(b)(ii)
Sch. 2A para. 9(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(c)(ii)
Sch. 2A para. 10(5) inserted by 2015 c. 9 (N.I.) s. 83(3)(d)(ii)
Sch. 2A para. 2(2)(b) words substituted by 2015 c. 9 (N.I.) s. 83(3)(b)(i)
art. 62(10(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 3(9ZA)(9ZB) inserted by 2019 c. 17 s. 12(5)
art. 19(1)(cc) inserted by S.I. 2007/916 (N.I.) art. 18(2)
art. 53(3A)(3B) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 1(3)
art. 53(3A) inserted by 2010 c. 17 s. 15(4)
art. 53(4) inserted by 2010 c. 17 s. 9(6)
art. 53B inserted by 2013 c. 7 (N.I.) Sch. 3 para. 3
art. 56(13A)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(1)(b)
art. 56(13A)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(1)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 56A(9)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(2)(b)
art. 56A(9)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(2)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 61(5A) inserted by 2010 c. 17 s. 8(1)
art. 61(5A)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
art. 61(5B) inserted by 2010 c. 17 s. 8(2)
art. 61(5B)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
art. 61(5C) inserted by 2015 c. 9 (N.I.) s. 83(1)(b)
art. 61(6)-(6ZD) substituted for art. 61(6) by 2010 c. 17 s. 8(3)
art. 61(6D)-(6G) inserted by 2010 c. 17 s. 9(1)
art. 61(6BA) inserted by 2008 c. 28 s. 12(2) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 62(2A) (2B) inserted by 2010 c. 17 s. 9(2)
art. 62(10)(ab) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 6(3)(b)
art. 62(10)(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
art. 63(3A)(c)(i) word substituted by 2013 c. 7 (N.I.) Sch. 3 para. 4
art. 63(3B)-(3BD) substituted for art. 63(3B) by 2010 c. 17 s. 8(7)
art. 63(3C) inserted by 2008 c. 28 s. 12(3) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63(3D)-(3G) inserted by 2010 c. 17 s. 9(4)
art. 63(3AA) inserted by 2015 c. 9 (N.I.) s. 83(2)(c)
art. 63(3ZA) inserted by 2010 c. 17 s. 8(5)
art. 63(3ZA)(b)(iii) and word inserted by 2015 c. 9 (N.I.) s. 83(2)(a)
art. 63A(1E) (1F) inserted by 2010 c. 17 s. 11(1)
art. 63A(6A) inserted by 2008 c. 28 s. 12(4)(b) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 63B-63R inserted by 2013 c. 7 (N.I.) Sch. 2
art. 63D(1)(a) substituted by 2019 c. 3 Sch. 2 para. 5(2)(a)
art. 63D(1)(a)(i) words inserted by S.I. 2023/1386 Sch. para. 9(5)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63D(14) words inserted by 2019 c. 3 Sch. 2 para. 5(2)(b)
art. 63D(14) words inserted by S.I. 2023/1386 Sch. para. 9(5)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63N substituted by 2015 c. 9 (N.I.) s. 86
art. 63R(4A) inserted by 2019 c. 3 Sch. 4 para. 20(9)
art. 63R(4B) inserted by 2023 c. 32 Sch. 18 para. 5(8) (This amendment not applied to legislation.gov.uk. The insertion of art. 63R by 2013 c. 7 (N.I.) Sch. 2 remains prospective at 31.12.2023.)
art. 63R(5) words substituted by 2015 c. 9 (N.I.) s. 87(a)
art. 63R(5A)(5B) inserted by 2015 c. 9 (N.I.) s. 87(b)
art. 63DA inserted by 2019 c. 3 Sch. 2 para. 5(3)
art. 63DA heading words inserted by S.I. 2023/1386 Sch. para. 9(6)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63DA(1)(a) words inserted by S.I. 2023/1386 Sch. para. 9(6)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63DA(4) words inserted by S.I. 2023/1386 Sch. para. 9(6)(c) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
art. 63GA inserted by 2015 c. 9 (N.I.) s. 84
art. 63KA inserted by 2015 c. 9 (N.I.) s. 85
art. 64(1AA) inserted by 2008 c. 28 s. 12(5) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
art. 64(1AB) inserted by 2008 c. 28 s. 15(5)
art. 89(2A) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 5

Power of constable to stop and search persons, vehicles etc.N.I.

3.—(1) A constable may exercise any power conferred by this Article—

(a)in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or

(b)in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

(2) Subject to paragraphs (3) to (5), a constable—

(a)may search—

(i)any person or vehicle;

(ii)anything which is in or on a vehicle,

for stolen or prohibited articles [F1, any article to which paragraph (9) applies or any firework to which paragraph (9A) applies]; and

(b)may detain a person or vehicle for the purpose of such a search.

(3) This Article does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [F2, any article to which paragraph (9) applies or any firework to which paragraph (9A) applies].

(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this Article unless the constable has reasonable grounds for believing—

(a)that he does not reside in the dwelling; and

(b)that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this Article unless he has reasonable grounds for believing—

(a)that the person in charge of the vehicle does not reside in the dwelling; and

(b)that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article [F3, an article to which paragraph (9) applies or a firework to which paragraph (9A) below applies], he may seize it.

(7) An article is prohibited for the purposes of this Part if it is—

(a)an offensive weapon; or

(b)an article—

(i)made or adapted for use in the course of or in connection with an offence to which this sub‐paragraph applies; or

(ii)intended by the person having it with him for such use by him or by some other person.

(8) The offences to which sub‐paragraph (b) of paragraph (7) applies are—

(a)burglary;

(b)theft;

(c)offences under section 12(2) of the Theft Act (Northern Ireland) 1969F4 (taking of vehicles and other conveyances without authority);

[F5(d)fraud (contrary to section 1 of the Fraud Act 2006).]

(e)offences under Article 172 of the Road Traffic (Northern Ireland) Order 1981F6 (taking of motor vehicle, etc. without owner's consent or authority)[F7;and]

[F7(f)offences under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (NI 4) (destroying or damaging property).]

(9) This paragraph applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988F8 (offence of having article with blade or point in public place).

[F9(9A) This paragraph applies to any firework within the meaning of the Explosives (Fireworks) Regulations (Northern Ireland) 2002 (SR 2002 No. 147) which a person possesses in contravention of those Regulations.]

(10) In this Part “offensive weapon” means any article—

(a)made or adapted for use for causing injury to persons; or

(b)intended by the person having it with him for such use by him or by some other person.

F1Words in art. 3(2) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 3(2)

F2Words in art. 3(3) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 3(3)

F3Words in art. 3(6) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 3(4)

F41969 c. 16 (NI)

F5Art. 3(8)(d) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 23; S.I. 2006/3200, art. 2

F61981 NI 1

F72004 NI 9

F81988 c. 33

F9Art. 3(9A) inserted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 3(5)