Memorandum by the Northern Ireland Office
THE POLICE AND CRIMINAL EVIDENCE (APPLICATION TO
POLICE OMBUDSMAN) ORDER NORTHERN IRELAND (S.R. 2000/314)
1. The Committee considered the above instrument
at its meeting on 21 November and has instructed that the Northern
Ireland Office submit a memorandum on the following points:
(1) Section 56(2) of the
1998 Act confers power by order to provide that any provision
of the Police and Criminal Evidence (Northern Ireland) Order 1989
which relates to investigation of offences conducted by police
officers shall apply to investigations under section 56 conducted
by persons who are not police officers. Explain under what power
article 3(1) of this Order applies also provisions of the 1989
Order which relate to persons detained by the police, and identify
the provisions listed in Schedule 1 which so relate.
2. The reference to persons detained by the police
is incorrect, none of the provisions listed in Schedule 1 relate
to custody an amendment will be made.
(2) Given the terms of article
3(2), explain the purpose of the words before the table in Schedule
3. The Department accepts that these words are repetitious
and will be removed.
(3) Explain the reference
in article 3(2) to "Part II of" Schedule 2.
4. The reference to "Part II of" Schedule
is erroneous as there is no Part II the Department regret this
inclusion and it will be removed.