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Schedules | |
Schedule 1 | |
Sections 23 and 24 | |
Powers exercisable by designated persons | |
Part 1 | |
Investigating officers | 5 |
Entry and search for purposes of arrest | |
1 Where a designation applies this paragraph to a person— | |
(a) he may apply as if he were a constable for a warrant under section 42 | |
of the Terrorism Act 2000 (c. 11) (warrants for entry and search for | |
purposes of arrest); | 10 |
(b) the persons authorised by a warrant issued under section 42 of that | |
Act to enter and search premises include the designated person; | |
(c) Article 17 of the 1989 Order (safeguards) has effect in relation to the | |
issue of a warrant under section 42 of that Act to the designated | |
person as it has effect in relation to the issue of a warrant under that | 15 |
section to a constable; | |
(d) Article 18 of that Order (execution of warrants) has effect in relation | |
to a warrant issued under section 42 of that Act (whether to the | |
designated person or to any other person) as if references in that | |
Article to a constable included references to the designated person. | 20 |
Entry and search for evidence etc. | |
2 Where a designation applies this paragraph to a person— | |
(a) he may apply as if he were a constable for a warrant under Article 10 | |
of the 1989 Order (warrants for entry and search for evidence etc.); | |
(b) the persons authorised by a warrant issued under Article 10 of that | 25 |
Order to enter and search premises include the designated person; | |
(c) the designated person has the power of a constable under Article | |
10(2) of that Order to seize and retain things for which a search has | |
been authorised under paragraph (1) of that Article; | |
(d) Article 17 of that Order (safeguards) has effect in relation to the issue | 30 |
of a warrant under Article 10 of that Order to the designated person | |
as it has effect in relation to the issue of a warrant under that Article | |
to a constable; | |
(e) Article 18 of that Order (execution of warrants) has effect in relation | |
to a warrant issued under Article 10 of that Order (whether to the | 35 |
designated person or to any other person) as if references in that | |
Article to a constable included references to the designated person; | |
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(f) Article 21(6) of that Order (protection for legally privileged material | |
from seizure) has effect in relation to the seizure of anything by the | |
designated person by virtue of sub-paragraph (c) as it has effect in | |
relation to the seizure of anything under Article 10(2) of that Order | |
by a constable; | 5 |
(g) Article 22 of that Order (extension of powers of seizure to | |
computerised information) applies to the power of seizure conferred | |
on the designated person by virtue of sub-paragraph (c) as it applies | |
to the power of seizure conferred on a constable by Article 10(2) of | |
that Order; | 10 |
(h) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by virtue of sub-paragraph | |
(c) as if the references to a constable included references to the | |
designated person; | 15 |
(i) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by virtue of sub- | |
paragraph (c) or taken away by him following the imposition of a | |
requirement by virtue of sub-paragraph (g)— | 20 |
(i) as they have effect in relation to anything seized in exercise of | |
the power conferred on a constable by Article 10(2) of that | |
Order or taken away by a constable following the imposition | |
of a requirement by virtue of Article 22 of that Order; | |
(ii) as if the second reference to a constable in paragraph (3) of | 25 |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | |
Access to excluded and special procedure material | |
3 Where a designation applies this paragraph to a person— | 30 |
(a) he has the powers of a constable under Article 11(1) of the 1989 Order | |
(special provisions for access) to obtain access to excluded material | |
and special procedure material, in accordance with Schedule 1 to that | |
Order and the following provisions of this paragraph; | |
(b) Schedule 1 to that Order has effect as if the references in paragraphs | 35 |
1, 4, 5, 9 and 10 of that Schedule to a constable were references to the | |
designated person; | |
(c) Article 21(6) of that Order (protection for legally privileged material | |
from seizure) has effect in relation to the seizure of anything by the | |
designated person in exercise of the power conferred on him by | 40 |
paragraph 10 of Schedule 1 to that Order as it has effect in relation to | |
the seizure of anything under that paragraph by a constable; | |
(d) Article 22 of that Order (extension of powers of seizure to | |
computerised information) applies to the power of seizure conferred | |
on the designated person by paragraph 10 of Schedule 1 to that | 45 |
Order as it applies to the power of seizure conferred on a constable | |
by that paragraph; | |
(e) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by paragraph 10 of | 50 |
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(e) Schedule 1 to that Order as if the references to a constable included | |
references to the designated person; | |
(f) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by paragraph 10 of | 5 |
Schedule 1 to that Order or taken away by him following the | |
imposition of a requirement by virtue of sub-paragraph (d), and to | |
anything produced to him under paragraph 4(a) of Schedule 1 to that | |
Order— | |
(i) as they have effect in relation to anything seized in exercise of | 10 |
the power conferred on a constable by paragraph 10 of | |
Schedule 1 to that Order or taken away by a constable | |
following the imposition of a requirement by virtue of Article | |
22 of that Order or, as the case may be, to anything produced | |
to a constable under paragraph 4(a) of that Schedule; | 15 |
(ii) as if the second reference to a constable in paragraph (3) of | |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | |
Entry and search after arrest | 20 |
4 Where a designation applies this paragraph to a person— | |
(a) he has the powers of a constable under Article 20 of the 1989 Order | |
(entry and search after arrest) to enter and search premises and to | |
seize and retain anything for which a constable may search under | |
that Article; | 25 |
(b) paragraphs (5) and (6) of that Article (power to carry out search | |
before arrested person taken to police station and duty to inform | |
senior officer) have effect in relation to any exercise by the | |
designated person of those powers as if the references in those | |
paragraphs to a constable were references to the designated person; | 30 |
(c) Article 21(6) of that Order (protection for legally privileged material | |
from seizure) has effect in relation to the seizure of anything by the | |
designated person by virtue of sub-paragraph (a) as it has effect in | |
relation to the seizure of anything under Article 20(2) of that Order | |
by a constable; | 35 |
(d) Article 22 of that Order (extension of powers of seizure to | |
computerised information) applies to the power of seizure conferred | |
on the designated person by virtue of sub-paragraph (a) as it applies | |
to the power of seizure conferred on a constable by Article 20(2) of | |
that Order; | 40 |
(e) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by virtue of sub-paragraph | |
(a) as if the references to a constable included references to the | |
designated person; | 45 |
(f) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by virtue of sub- | |
paragraph (a) or taken away by him following the imposition of a | |
requirement by virtue of sub-paragraph (d)— | 50 |
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(i) as they have effect in relation to anything seized in exercise of | |
the power conferred on a constable by Article 20(2) of that | |
Order or taken away by a constable following the imposition | |
of a requirement by virtue of Article 22 of that Order; | |
(ii) as if the second reference to a constable in paragraph (3) of | 5 |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | |
General power of seizure | |
5 Where a designation applies this paragraph to a person— | 10 |
(a) when lawfully on any premises, he has the same powers as a | |
constable under Article 21 of the 1989 Order (general powers of | |
seizure) to seize things; | |
(b) he has the powers of a constable to impose a requirement by virtue | |
of paragraph (4) of that Article in relation to information accessible | 15 |
from premises; | |
(c) paragraph (6) of that Article (protection for legally privileged | |
material from seizure) has effect in relation to the seizure of anything | |
by the designated person by virtue of sub-paragraph (a) as it has | |
effect in relation to the seizure of anything under Article 21 of that | 20 |
Order by a constable; | |
(d) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by virtue of sub-paragraph | |
(a) as if the references to a constable included references to the | 25 |
designated person; | |
(e) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by virtue of sub- | |
paragraph (a) or taken away by him following the imposition of a | 30 |
requirement by virtue of sub-paragraph (b)— | |
(i) as they have effect in relation to anything seized in exercise of | |
the power conferred on a constable by Article 21(2) or (3) of | |
that Order or taken away by a constable following the | |
imposition of a requirement by virtue of Article 21(4) of that | 35 |
Order; | |
(ii) as if the second reference to a constable in paragraph (3) of | |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | 40 |
Access and copying in the case of things seized by constables | |
6 Where a designation applies this paragraph to a person, Article 23 of the | |
1989 Order (access and copying) has effect in relation to anything seized by | |
a constable as if the second reference to a constable in paragraph (3) of | |
Article 23 and the references to a constable in paragraphs (4) and (5) of that | 45 |
Article (supervision of access and photographing of seized items) included | |
references to the designated person. | |
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Arrest at a police station for another offence | |
7 (1) Where a designation applies this paragraph to a person, he has the power to | |
make an arrest at a police station in any case where an arrest— | |
(a) is required to be made under Article 33 of the 1989 Order (arrest for | |
a further offence of a person already at a police station), or | 5 |
(b) would be so required if the reference in that Article to a constable | |
included a reference to a person to whom this paragraph applies. | |
(2) Article 5 of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/ | |
1987 (N.I. 20)) (consequences of failure by arrested person to account for | |
objects etc.) applies (without prejudice to the effect of any designation | 10 |
applying paragraph 9) in the case of a person arrested in exercise of the | |
power exercisable by virtue of this paragraph as it applies in the case of a | |
person arrested by a constable. | |
Power to transfer persons into custody of investigating officers | |
8 (1) Where a designation applies this paragraph to a person, the custody officer | 15 |
for a designated police station may— | |
(a) transfer a person falling within sub-paragraph (2) to the designated | |
person, or | |
(b) permit the transfer of a person falling within sub-paragraph (2) to the | |
designated person. | 20 |
(2) A person falls within this sub-paragraph if— | |
(a) he is in police detention for an offence; | |
(b) the offence is being investigated by the designated person. | |
(3) If a person is transferred under sub-paragraph (1) into the custody of the | |
designated person, the designated person— | 25 |
(a) must be treated for all purposes as having the person in his lawful | |
custody; | |
(b) is under a duty to prevent the person’s escape; | |
(c) is entitled to use reasonable force to keep the person in his custody. | |
(4) If a person is transferred under sub-paragraph (1) into the custody of the | 30 |
designated person, paragraphs (2) and (3) of Article 40 of the 1989 Order | |
have effect as if— | |
(a) references to the transfer of a person in police detention into the | |
custody of a police officer investigating an offence for which that | |
person is in police detention were references to that person’s transfer | 35 |
into the custody of the designated person; | |
(b) references to the officer to whom the transfer is made and to the | |
officer investigating the offence were references to the designated | |
person. | |
Power to require arrested person to account for certain matters | 40 |
9 Where a designation applies this paragraph to a person— | |
(a) he has the powers of a constable under Articles 5(1)(c) and 6(1)(c) of | |
the Criminal Evidence (Northern Ireland) Order 1988 to request a | |
person who has been arrested by a constable or by a person to whom | |
paragraph 7 applies to account for the presence of an object, | 45 |
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(a) substance or mark or for the presence of the arrested person at a | |
particular place; and | |
(b) the references to a constable in Articles 5(1)(b) and (c) and (4) and | |
6(1)(b) and (c) and (3) of that Order accordingly include references to | |
the person to whom this paragraph is applied. | 5 |
Extended powers of seizure | |
10 (1) Where a designation applies this paragraph to a person— | |
(a) the powers of a constable under Part 2 of the Criminal Justice and | |
Police Act 2001 (c. 16) (extension of powers of seizure) that are | |
exercisable by a constable by reference to a relevant power are | 10 |
exercisable by the designated person by reference to the relevant | |
power to the same extent as they would be by a constable; | |
(b) section 56 of that Act (retention of property seized by a constable) has | |
effect as if the property referred to in subsection (1) of that section | |
included property seized by the designated person at any time when | 15 |
he was lawfully on any premises. | |
(2) A relevant power is a power of a constable that is conferred on the | |
designated person by virtue of the provisions of this Part of this Schedule. | |
Part 2 | |
Detention officers | 20 |
Attendance at police station for fingerprinting | |
11 Where a designation applies this paragraph to a person, he has the power of | |
a constable under Article 29(1) of the 1989 Order (fingerprinting of | |
offenders) to require a person to attend a police station in order to have his | |
fingerprints taken. | 25 |
Non-intimate searches of detained persons | |
12 (1) Where a designation applies this paragraph to a person, he has the powers | |
of a constable under Article 55 of the 1989 Order (non-intimate searches of | |
detained persons)— | |
(a) to carry out a search under that Article of any person at a police | 30 |
station or of any other person otherwise in police detention; | |
(b) to seize or retain, or cause to be seized or retained, anything found | |
on such a search. | |
(2) Paragraphs (9) and (12) of Article 55 of that Order (restrictions on power to | |
seize clothes and personal effects and searches to be carried out by a member | 35 |
of the same sex) apply to the exercise by the designated person of any power | |
exercisable by virtue of this paragraph as they apply to the exercise of the | |
power in question by a constable. | |
Searches and examinations to ascertain identity | |
13 Where a designation applies this paragraph to a person, he has the powers | 40 |
of a constable under Article 55A of the 1989 Order (searches and | |
examinations to ascertain identity)— | |
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(a) to carry out a search or examination at a police station; | |
(b) to take a photograph at a police station of an identifying mark. | |
Fingerprinting | |
14 Where a designation applies this paragraph to a person— | |
(a) he has the power of a constable under Article 61 of the 1989 Order | 5 |
(fingerprinting) to take fingerprints at a police station without the | |
appropriate consent; | |
(b) the requirement by virtue of paragraph (7A)(a) of that Article that a | |
person must be informed by an officer that his fingerprints may be | |
the subject of a speculative search may be discharged, in the case of | 10 |
a person at a police station, by his being so informed by the | |
designated person. | |
15 Where a designation applies this paragraph to a person, he has the power of | |
a constable under paragraph 10(2) of Schedule 8 to the Terrorism Act 2000 | |
(c. 11) (fingerprinting persons detained under the terrorism provisions) to | 15 |
take fingerprints from a person detained under the terrorism provisions. | |
Warnings about intimate samples | |
16 Where a designation applies this paragraph to a person, the requirement by | |
virtue of Article 62(7A)(a) of the 1989 Order (intimate samples) that a person | |
must be informed by an officer that a sample taken from him may be the | 20 |
subject of a speculative search may be discharged, in the case of a person in | |
a police station, by his being so informed by the designated person. | |
Non-intimate samples | |
17 Where a designation applies this paragraph to a person— | |
(a) he has the power of a constable under Article 63 of the 1989 Order | 25 |
(non-intimate samples), in the case of a person in a police station, to | |
take a non-intimate sample without the appropriate consent; | |
(b) the requirement by virtue of paragraph (6) of that Article | |
(information about authorisation) that a person must be informed by | |
an officer of the matters mentioned in that paragraph may be | 30 |
discharged, in the case of an authorisation in relation to a person in | |
a police station, by his being so informed by the designated person; | |
(c) the requirement by virtue of paragraph (8B)(a) of that Article that a | |
person must be informed by an officer that a sample taken from him | |
may be the subject of a speculative search may be discharged, in the | 35 |
case of a person in a police station, by his being so informed by the | |
designated person. | |
18 Where a designation applies this paragraph to a person, he has the power of | |
a constable under paragraph 10(3) of Schedule 8 to the Terrorism Act 2000 | |
(non-intimate samples from persons detained under the terrorism | 40 |
provisions) to take a non-intimate sample from a person detained under the | |
terrorism provisions. | |
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