PART IN.I.INTRODUCTORY

Title and commencementN.I.

1.—(1) This Order may be cited as the Police and Criminal Evidence (Northern Ireland) Order 1989.

(2) This Article and Articles 2, 29(4), 60(a), 65, 66 and 89 shall come into operation on the expiration of one month from the day on which the Order is made.

(3) The other provisions of this Order shall come into operation on such day or days as the Secretary of State may by order appointF1.

(4) An order under paragraph (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.

F1partly exercised by SR 1989/404, SR 1989/441

General interpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “designated police station” has the meaning assigned to it by Article 36;

  • “document” [F4 means anything in which information of any description is recorded];

  • “intimate search” means a search which consists of the physical examination of a person's body orifices;

  • “items subject to legal privilege” has the meaning assigned to it by Article 12;

  • “parent or guardian” means—

    Sub‐para. (a) rep. by 1995 NI 2

    (b)

    in the case of a child F5... in the care of a F6... [F7Health and Social Care trust], that F8... [F7Health and Social Care trust];

  • Definitions rep. by 2000 c. 32

  • “premises” has the meaning assigned to it by Article 25;

  • “recordable offence” means any offence to which regulations under Article 29 apply;

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “statutory provision” has the meaning given in section 1( f) of the Interpretation Act (Northern Ireland) 1954F10;

  • [F11“the terrorism provisions” means [F12sections 41 and 43B] of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;]

  • [F11“terrorism” has the meaning given in section 1 of that Act.]

  • “vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.

(3) Subject to [F13paragraphs (4) and (4A)], a person is in police detention for the purposes of this Order if—

(a)he has been taken to a police station after being arrested for an offence or after being arrested under [F14 section 41 [F15or 43B] of the Terrorism Act 2000] [F16or section 27 of the National Security Act 2023]; or

(b)he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it, [F17 or]

[F17(c)he is arrested at a police station after being taken to the station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953,]

and is detained there or is detained elsewhere in the charge of a constable.

(4) A person—

(a)who is at a court after being charged; or

(b)who has been taken from a custodial establishment and held in police custody pending his appearance at a court,

is not in police detention for those purposes.

[F18(4A) Where a person is in another's lawful custody by virtue of paragraph 8, 22(1) or 23(2) of Schedule 2 to the Police (Northern Ireland) Act 2003, he shall be treated as being in police detention for the purposes of this Order.]

[F19(5) In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centre and a remand centre.]

F5rep. by 1998 NI 9