Schedules

Schedule 18Minor and consequential amendments

I1I25Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

1

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) is amended as follows.

2

In Article 53A (meaning of “qualifying offence”), after paragraph (2)(v) insert—

w

an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.

3

In Article 57 (right to have someone informed when arrested), in paragraph (10), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

4

In Article 59 (right to consult a solicitor), in paragraph (12), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

5

In Article 61 (fingerprinting), in paragraph (9)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

6

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

12A

Nothing in this Article applies to a person arrested or detained under section 27 of the National Security Act 2023; and paragraph (1A) does not apply where the non‐intimate samples mentioned in that paragraph were taken under paragraph 10 of Schedule 6 to that Act.

7

In Article 63 (other samples), in paragraph (11), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

8

In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 (N.I.)), after paragraph (4A) (as inserted by Schedule 4 to the Counter-Terrorism and Border Security Act 2019) insert—

4B

Articles 63B to 63Q do not apply to material to which—

a

Part 4 of Schedule 6 to the National Security Act 2023 applies, or

b

paragraph 6 of Schedule 12 to that Act applies.

9

In Article 64 (destruction of fingerprints and samples), in paragraph (8)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023”.