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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 |
| |
| |
|
| |
| |
(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)— | |
| |
| |
|
| |
| |
(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. | |
| |
| |
|
| |
| |
Attendance at police station for the taking of a sample | |
19 Where a designation applies this paragraph to a person, he has the power of | |
a constable under paragraph (4) of Article 63A of the 1989 Order | |
(supplementary provisions relating to fingerprints and samples) to require | |
a person to attend a police station in order to have a sample taken. | 5 |
Photographing detained persons | |
20 Where a designation applies this paragraph to a person, he has the power of | |
a constable under Article 64A of the 1989 Order (photographing of suspects | |
etc.) to take a photograph of a person detained at a police station. | |
21 Where a designation applies this paragraph to a person, he has the power of | 10 |
a constable under paragraph 2 of Schedule 8 to the Terrorism Act 2000 (c. 11) | |
(identification of persons detained under the terrorism provisions) to | |
photograph a person detained under the terrorism provisions. | |
Part 3 | |
Escort officers | 15 |
Power to take an arrested person to a police station | |
22 (1) Where a designation applies this paragraph to a person— | |
(a) the persons who, in the case of a person arrested by a constable, are | |
authorised for the purposes of paragraph (1) of Article 32 of the 1989 | |
Order (procedure on arrest of person elsewhere than at a police | 20 |
station) to take the person arrested to a police station include the | |
designated person; | |
(b) that Article has effect in relation to the exercise by the designated | |
person of the power conferred by virtue of paragraph (a) as if the | |
references to a constable in paragraphs (3), (4)(a) and (13) (but not the | 25 |
references in paragraphs (5) to (12)) included references to the | |
designated person; | |
(c) a person who is taking another person to a police station in exercise | |
of the power conferred by virtue of paragraph (a)— | |
(i) must be treated for all purposes as having the other person in | 30 |
his lawful custody; | |
(ii) is under a duty to prevent the other person’s escape; | |
(iii) is entitled to use reasonable force to keep the other person in | |
his charge. | |
(2) Without prejudice to any designation applying paragraph 12 to a person, | 35 |
where a person has another in his lawful custody by virtue of sub-paragraph | |
(1) of this paragraph— | |
(a) he has the same powers under paragraphs (7) and (8) of Article 55 of | |
the 1989 Order (non-intimate searches) as a constable has in the case | |
of a person in police detention— | 40 |
(i) to carry out a search of the other person; | |
(ii) to seize or retain, or cause to be seized or retained, anything | |
found on such a search; | |
| |
| |
|
| |
| |
(b) paragraphs (9) and (12) of that Article (restrictions on power to seize | |
clothes and personal effects and searches to be carried out by a | |
member of the same sex) apply to the exercise by the designated | |
person of any power exercisable by virtue of this sub-paragraph as | |
they apply to the exercise of the power in question by a constable. | 5 |
Escort of persons in police detention | |
23 (1) Where a designation applies this paragraph to a person, he may be | |
authorised by the custody officer for any designated police station to escort | |
a person in police detention— | |
(a) from that police station to another police station; | 10 |
(b) from that police station to any other place that is specified by the | |
custody officer; | |
(c) from that police station to any other place that is specified by the | |
custody officer and then either back to that police station or on to | |
another police station. | 15 |
(2) A person who is escorting another in accordance with an authorisation | |
under sub-paragraph (1)— | |
(a) must be treated for all purposes as having the other person in his | |
lawful custody; | |
(b) is under a duty to prevent the other person’s escape; | 20 |
(c) is entitled to use reasonable force to keep the other person in his | |
charge. | |
(3) Without prejudice to any designation applying paragraph 12 to a person, | |
where a person has another in his lawful custody by virtue of sub-paragraph | |
(2) of this paragraph— | 25 |
(a) he has the same powers under paragraphs (7) and (8) of Article 55 of | |
the 1989 Order (non-intimate searches) as a constable has in the case | |
of a person in police detention— | |
(i) to carry out a search of the other person; | |
(ii) to seize or retain, or cause to be seized or retained, anything | 30 |
found on such a search; | |
(b) paragraphs (9) and (12) of that Article (restrictions on power to seize | |
clothes and personal effects and searches to be carried out by a | |
member of the same sex) apply to the exercise by the designated | |
person of any power exercisable by virtue of this sub-paragraph as | 35 |
they apply to the exercise of the power in question by a constable. | |
(4) Article 40(2) of that Order (responsibilities of custody officer where person | |
transferred to escort) has effect where the custody officer for any police | |
station transfers or permits the transfer of any person to the custody of a | |
person who by virtue of this paragraph has lawful custody outside the | 40 |
police station of the person transferred as it would apply if the designated | |
person were a police officer. | |
Part 4 | |
Interpretation | |
24 (1) In this Schedule— | 45 |
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“designated person” means a person designated under section 24 or | |
25; | |
“designation” means a designation under section 24 or 25; | |
“the 1989 Order” means the Police and Criminal Evidence (Northern | |
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). | 5 |
(2) Expressions used in this Schedule and in the 1989 Order have the same | |
meanings in this Schedule as they have in that Order. | |
Schedule 2 | |
Section 26 | |
Police powers: amendments | |
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) | 10 |
1 In Article 2 of the 1989 Order (general interpretation) after paragraph (4) | |
insert— | |
“(4A) Where a person is in another’s lawful custody by virtue of paragraph | |
8, 22(1) or 23(2) of Schedule 1 to the Police (Northern Ireland) Act | |
2003, he shall be treated as being in police detention for the purposes | 15 |
of this Order.” | |
2 In Article 20(5) of the 1989 Order (power of constable to conduct search of | |
arrested person’s premises before taking him to a police station) for “taking | |
the person” substitute “the person is taken”. | |
3 In Article 55A(6) of the 1989 Order (persons entitled to carry out search or | 20 |
examination or to take photographs) for sub-paragraphs (a) and (b) and the | |
words after sub-paragraph (b) substitute “constables”. | |
4 In Article 61 of the 1989 Order (fingerprinting) after paragraph (8) insert— | |
“(8A) The fingerprints of a person detained at a police station may be taken | |
without the appropriate consent by a constable.” | 25 |
5 In Article 63 of the 1989 Order (non-intimate samples) after paragraph (9) | |
insert— | |
“(9A) The power to take a non-intimate sample from a person without the | |
appropriate consent is exercisable by a constable.” | |
6 In Article 64A(3) of the 1989 Order (persons entitled to photograph | 30 |
detainees) for sub-paragraphs (a) and (b) and the words after sub-paragraph | |
(b) substitute “constables”. | |
7 (1) Article 66 of the 1989 Order (codes of practice: supplementary) is amended | |
as follows. | |
(2) After paragraph (8) insert— | 35 |
“(8A) A person on whom powers are conferred or duties are imposed by a | |
designation under section 24 or 25 of the Police (Northern Ireland) | |
Act 2003 shall have regard to any relevant provision of a code of | |
practice to which this Article applies in— | |
| |
| |
|
| |
| |
(a) the exercise of the powers conferred on him by the | |
designation; | |
(b) the performance of the duties imposed on him by the | |
designation.” | |
(3) In paragraph (9) after sub-paragraph (b) insert— | 5 |
“; or | |
(c) of a person designated under section 24 or 25 of the Police | |
(Northern Ireland) Act 2003 to comply with paragraph | |
(8A),”. | |
Terrorism Act 2000 (c. 11) | 10 |
8 (1) Section 101 of the Terrorism Act 2000 (c. 11) (codes of practice: | |
supplementary) is amended as follows. | |
(2) After subsection (5) insert— | |
“(5A) A person on whom powers are conferred or duties are imposed by a | |
designation under section 24 or 25 of the Police (Northern Ireland) | 15 |
Act 2003 shall have regard to any relevant provision of a code of | |
practice to which this section applies in— | |
(a) the exercise of the powers conferred on him by the | |
designation; | |
(b) the performance of the duties imposed on him by the | 20 |
designation.” | |
(3) After subsection (7) insert— | |
“(7A) A failure by a person designated under section 24 or 25 of the Police | |
(Northern Ireland) Act 2003 to comply with subsection (5A) shall not | |
of itself make him liable to criminal or civil proceedings.” | 25 |
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