Statutory Instrument 1989 No. 1341 (N.I. 12)

The Police and Criminal Evidence (Northern Ireland) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 1341 (N.I. 12)

NORTHERN IRELAND

The Police and Criminal Evidence (Northern Ireland) Order 1989

Made	2nd August 1989

Coming into operation in accordance with Article 1(2) and (3)

ARRANGEMENT OF ORDER

Article
PART I
INTRODUCTORY
1.	Title and commencement.
2.	General interpretation.
PART II
POWERS TO STOP AND SEARCH
3.	Power of constable to stop and search persons, vehicles etc.
4.	Provisions relating to search under Article 3 and other powers.
5.	Duty to make records concerning searches.
6.	Road checks.
7.	Reports of recorded searches and of road checks.
8.	Statutory undertakers etc.
9.	Part II—supplementary.
PART III
POWERS OF ENTRY, SEARCH AND SEIZURE
Search warrants
10.	Power of justice of the peace to authorise entry and search of premises.
11.	Special provisions as to access.
12.	Meaning of "items subject to legal privilege".
13.	Meaning of "excluded material".
14.	Meaning of "personal records".
15.	Meaning of "journalistic material".
16.	Meaning of "special procedure material".
17.	Search warrants—safeguards.
18.	Execution of warrants.
Entry and search without search warrant
19.	Entry for purpose of arrest etc.
20.	Entry and search after arrest.
Seizure etc.
21.	General power of seizure etc.
22.	Extension of powers of seizure to computerised information.
23.	Access and copying.
24.	Retention.
Supplementary
25.	Meaning of "premises" etc.
PART IV
ARREST
26.	Arrest without warrant for arrestable offences.
27.	General arrest conditions.
28.	Repeal of statutory powers of arrest without warrant or order.
29.	Fingerprinting of certain offenders.
30.	Information to be given on arrest.
31.	Voluntary attendance at police station etc.
32.	Arrest elsewhere than at police station.
33.	Arrest for further offence.
34.	Search upon arrest.
PART V
DETENTION
Detention—conditions and duration
35.	Limitations on police detention.
36.	Designated police stations.
37.	Custody officers at police stations.
38.	Duties of custody officer before charge.
39.	Duties of custody officer after charge.
40.	Responsibilities in relation to persons detained.
41.	Review of police detention.
42.	Limits on period of detention without charge.
43.	Authorisation of continued detention.
44.	Warrants of further detention.
45.	Extension of warrants of further detention.
46.	Detention before charge—supplementary.
Detention—miscellaneous
47.	Detention after charge.
48.	Bail after arrest.
49.	Police detention to count towards custodial sentence.
50.	Records of detention.
51.	Savings.
52.	Children.
PART VI
QUESTIONING AND TREATMENT OF PERSONS BY POLICE
53.	Interpretation of Part VI.
54.	Abolition of certain powers of constables to search persons.
55.	Searches of detained persons.
56.	Intimate searches.
57.	Right to have someone informed when arrested.
58.	Additional rights of children and young persons.
59.	Access to legal advice.
60.	Tape-recording of interviews.
61.	Fingerprinting.
62.	Intimate samples.
63.	Other samples.
64.	Destruction of fingerprints and samples.
PART VII
CODES OF PRACTICE—GENERAL
65.	Codes of practice.
66.	Codes of practice—supplementary.
PART VIII
DOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS
67.	Interpretation of Part VIII.
68.	Evidence from computer records.
69.	Microfilm copies.
PART IX
EVIDENCE IN CRIMINAL PROCEEDINGS—GENERAL
70.	Interpretation of Part IX.
Convictions and acquittals
71.	Proof of convictions and acquittals.
72.	Conviction as evidence of commission of offence.
73.	Provisions supplementary to Article 72.
Confessions
74.	Confessions.
75.	Confessions by mentally handicapped persons.
Miscellaneous
76.	Exclusion of unfair evidence.
77.	Time for taking accused's evidence.
78.	Abolition of right of accused to make unsworn statement.
79.	Competence and compellability of accused's spouse.
80.	Advance notice of expert evidence in Crown Court.
81.	Evidence through television links.
PART X
POLICE—GENERAL
82.	Arrangements for obtaining the views of the community on policing.
83.	Local inquiries.
84.	Police officers performing duties of higher rank.
PART XI
MISCELLANEOUS AND SUPPLEMENTARY
85.	Application of Order to Customs and Excise.
86.	Service of summons, etc. by post.
87.	Meaning of "serious arrestable offence".
88.	Power of constable to use reasonable force.
89.	Orders and regulations.
90.	Amendments and repeals.

SCHEDULES:
	Schedule 1—	Special procedure.
	Schedule 2—	Preserved powers of arrest.
	Schedule 3—	Provisions supplementary to Article 68(4).
	Schedule 4—	Amendments relating to the service of summons, etc. by post.
	Schedule 5—	Serious arrestable offences.
	Part I —	Offences mentioned in Article 87(2)(a).
	Part II—	Offences mentioned in Article 87(2)(b).
	Schedule 6—	Minor and consequential amendments.
	Schedule 7—	Repeals.
	Part I —	Provisions repealed in consequence of Parts II to VI.
	Part II —	Provisions repealed in relation to criminal proceedings in consequence of Part IX.
	Part III—	Provisions repealed generally in consequence of Part IX.

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