The Police and Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (Revision of Codes C, E, F and H) Order 2012 No. 376


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Statutory Rules of Northern Ireland


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Statutory Rules of Northern Ireland

2012 No. 376

Police

The Police and Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (Revision of Codes C, E, F and H) Order 2012

Made

11th October 2012

Coming into operation

22nd November 2012

The Department of Justice has, in pursuance of Articles 60, 60A, 65 and 66(6) of the Police and Criminal Evidence (Northern Ireland) Order 1989(1), prepared and published draft codes of practice in connection with:

(a)the detention, treatment and questioning of persons by police officers (Code C);

(b)the audio recording of interviews with suspects (Code E);

(c)the visual recording with sound of interviews with suspects (Code F); and

(d)the detention, treatment and questioning of persons by police officers under section 41 of, and Schedule 8 to, the Terrorism Act 2000(2) (Code H);

and has considered representations made in accordance with Article 66(1) of that Order.

In pursuance of Article 66(3) of that Order the Department of Justice has laid a draft of each code of practice before the Assembly.

The Department of Justice, in exercise of the powers conferred by Article 66(4) of that Order, makes the following Order-

Citation, commencement and interpretation

1. This Order may be cited as the Police and Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (Revision of Codes C, E, F and H) Order 2012, and shall come into operation on 22nd November 2012.

Revision of Codes of Practice

2. The revised codes of practice C, E, F and H laid before the Assembly on 10th October 2012 shall come into operation on 22nd November 2012.

Sealed with the Official Seal of the Department of Justice on 11th October 2012.

Legal seal

David Ford

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 22nd November 2012 revised codes of practice C, E, F and H issued under Articles 60, 60A and 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989.

The amendments to Code C and Code H facilitate the wider use of appropriate healthcare professionals in police custody suites to complement the role of the Forensic Medical Officers.

Codes E and F have been revised to make provision for the use of a secure digital network for digital audio and visual recording of police interviews.

The codes of practice are published by the Stationery Office and copies may be obtained from its bookshops. The revised codes of practice will also be available on the Department of Justice website.

(1)

S.I. 1989/1341 (N.I. 12). Article 60A was inserted by section 72 of the Police (Northern Ireland) Act 2000 (c.32) and amended by Article 29 of the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)). Article 65 was amended by Article 37 of that Order. Article 4(1) of and paragraph 14 of Schedule 1 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) transferred the order-making powers of the Secretary of State to the Department of Justice.


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