The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 No. 288 (N.I. 2)

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STATUTORY INSTRUMENTS

2007 No. 288 (N.I. 2)
NORTHERN IRELAND
The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007

	Made	7th February 2007
	Coming into operation in accordance with Article 1(2) to (4)

ARRANGEMENT OF ORDER

PART I
INTRODUCTORY

1.	Title and commencement

2.	Interpretation

PART II
POWERS TO STOP AND SEARCH

3.	Power to stop and search for prohibited fireworks

4.	Provisions relating to searches

5.	Duty to make records concerning searches

6.	Road checks

PART III
POWERS OF ENTRY, SEARCH AND SEIZURE

7.	Search warrants

8.	Special procedure material

9.	Search warrants – safeguards

10.	Execution of warrants

11.	Entry for purposes of arrest, etc.

12.	Entry and search after arrest

13.	Access and copying

14.

Retention

PART IV
ARREST

15.	Powers of arrest

16.	Fingerprinting of certain offenders

17.	Search upon arrest

18.	Arrested juveniles

PART V
DETENTION

19.	Detention reviews

20.	Use of telephone for review of detention

21.	Authorisation of continued detention

22.	Warrants of further detention

23.	Use of video conferencing facilities for decisions about detention

24.	Bail after arrest

PART VI
QUESTIONING AND TREATMENT OF PERSONS BY POLICE

25.	Definitions

26.	Intimate searches

27.	Right to have someone informed when arrested

28.	Access to legal advice

29.	Visual recording of interviews

30.	Fingerprinting

31.	Impressions of footwear

32.	Intimate samples

33.	Non-intimate samples

34.	Fingerprints and samples: supplementary

35.	Destruction of fingerprints and samples

36.	Photographing of suspects. etc

PART VII
CODES OF PRACTICE

37.	Codes of practice

PART VIII
EVIDENCE IN CRIMINAL PROCEEDINGS

38.	Confessions by mentally handicapped persons

PART IX
POLICE: GENERAL

39.	Police officers performing duties of higher rank

PART X
SUPPLEMENTARY

40.	Regulations

41.	Minor amendment and repeals

SCHEDULES:

Schedule 1

Powers of arrest: supplementary

Schedule 2

Repeals

At the Court at Buckingham Palace, the 7th day of February 2007
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

PART I
INTRODUCTORY
Title and commencement
     1. —(1) This Order may be cited as the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007.

    (2) Except as provided by paragraph (3), this Order comes into operation on 1st March 2007.

    (3) Articles 18 and 25(2) come into operation on such day as the Secretary of State may by order appoint.

    (4) An order under paragraph (3) may contain such transitional or saving provisions as the Secretary of State thinks appropriate.

Interpretation
     2. —(1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order "PACE" means the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12).

PART II
POWERS TO STOP AND SEARCH
Power to stop and search for prohibited fireworks
     3. —(1) Article 3 of PACE (powers of constables to stop and search) is amended as follows.

    (2) In paragraph (2) for "or any article to which paragraph (9) applies" substitute ", any article to which paragraph (9) applies or any firework to which paragraph (9A) applies".

    (3) In paragraph (3) for "or any article to which paragraph (9) applies" substitute ", any article to which paragraph (9) applies or any firework to which paragraph (9A) applies".

    (4) In paragraph (6) for "or an article to which paragraph (9) applies" substitute ", an article to which paragraph (9) applies or a firework to which paragraph (9A) below applies".

    (5) After paragraph (9) insert—

Provisions relating to searches
     4. —(1) Article 4 of PACE (provisions relating to searches) is amended as follows.

    (2) In paragraph (4)(a) after "constable's" insert "name and".

    (3) In paragraph (7)(b) after "his" insert "name and".

Duty to make records concerning searches
     5. —(1) Article 5 of PACE (duty to make records concerning searches) is amended as follows.

    (2) In paragraph (6)(b) after "his" insert "name and".

Road checks
     6. —(1) Article 6 of PACE (road checks) is amended as follows.

    (2) In paragraph (4) for "a serious arrestable offence" (wherever it occurs) substitute "an indictable offence".

    (3) In paragraph (14) for "serious arrestable offence" substitute "indictable offence".

PART III
POWERS OF ENTRY, SEARCH AND SEIZURE
Search warrants
     7. —(1) Article 10 of PACE (power of lay magistrate to authorise entry and search of premises) is amended as follows.

    (2) In paragraph (1)(a) for "a serious arrestable offence" substitute "an indictable offence".

    (3) In paragraph (1)—

(4) After paragraph (1) insert—

(1B) If the application is for an all premises warrant, the lay magistrate must also be satisfied—

(1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the lay magistrate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.".

    (5) In paragraph (6) for "a serious arrestable offence" substitute "an indictable offence".

Special procedure material
     8. —(1) Schedule 1 to PACE (special procedure for access to certain material) is amended as follows.

    (2) In paragraph 2(a)(i) for "a serious arrestable offence" substitute "an indictable offence".

    (3) In each of paragraphs 2(a)(ii) and 3(a) at the end add ", or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify);".

    (4) In paragraph 3(b) for "the premises" substitute "such premises".

    (5) In paragraph 9—

(a) in sub-paragraph (a)(ii), after "fulfilled" insert "in relation to each set of premises specified in the application",

(b) at the end add "or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an "all premises warrant")".

(6) After paragraph 9 insert—

" 9A. The judge may not issue an all premises warrant unless he is satisfied—

    (7) In paragraph 11(a) omit "to which the application relates".

Search warrants – safeguards
     9. —(1) Article 17 of PACE (search warrants – safeguards) is amended as follows.

    (2) In paragraph (2)(a)—

(a) omit "and" at the end of head (i),

(b) at the end of head (ii) insert "and",

(c) after that head insert—

(3) For paragraph (2)(b) substitute—

(4) After paragraph (2) insert—

" (2A) The matters which must be specified pursuant to paragraph (2)(b) are—

(5) In paragraph (5), at the end add "unless it specifies that it authorises multiple entries".

(6) After paragraph (5) insert—

" (5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.".

(7) For paragraph (6)(a)(iv) substitute—

(8) For paragraph (7) substitute—

" (7) Two copies shall be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.".

Execution of warrants
10. —(1) Article 18 of PACE (execution of warrants) is amended as follows.

(2) After paragraph (2) insert—

" (2A) A person so authorised has the same powers as the constable whom he accompanies in respect of—

(2B) But he may exercise those powers only in the company of, and under the supervision of, a constable.".

(3) In paragraph (3) for "one month" substitute "3 months",

(4) After paragraph (3) insert—

" (3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.

(3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.".

(5) In paragraph (9), after sub-paragraph (b) add "and, unless the warrant is a warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement.".

(6) For paragraph (10) substitute—

" (10) A warrant shall be returned to the appropriate person mentioned in paragraph (10A)—

(10A) The appropriate person is—

    (7) In paragraph (12), for "the premises" substitute "premises".

Entry for purposes of arrest, etc.
     11. —(1) Article 19 of PACE (entry for purposes of arrest, etc.) is amended as follows.

    (2) In paragraph (1)(b) for "arrestable" substitute "indictable".

    (3) After paragraph (1)(b) insert—

Entry and search after arrest
     12. —(1) Article 20 of PACE (entry and search after arrest) is amended as follows.

    (2) In paragraph (1) for "arrestable" (in both places) substitute "indictable".

Access and copying
     13. —(1) Article 23 of PACE (access and copying) is amended as follows.

    (2) At the end add—

" (9) The reference to a constable in paragraphs (1), (2), (3)(a) and (5) include a person authorised under Article 18(2) to accompany a constable executing a warrant.".

Retention
14. —(1) Article 24 of PACE (retention) is amended as follows.

(2) At the end add—

" (7) The reference in paragraph (1) to anything seized by a constable includes anything seized by a person authorised under Article 18(2) to accompany a constable executing a warrant.".

PART IV
ARREST
Powers of arrest
15. —(1) For Article 26 of PACE (arrest without warrant for arrestable offences) substitute—

" Arrest without warrant: constables

26.

—(1) A constable may arrest without a warrant—

(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3) If an offence has been committed, a constable may arrest without a warrant—

(4) But the power of summary arrest conferred by paragraph (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in paragraph (5) it is necessary to arrest the person in question.

(5) The reasons are—

(d) to protect a child or other vulnerable person from the person in question;

(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6) Paragraph (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

Arrest without warrant: other persons
26A. —(1) A person other than a constable may arrest without a warrant—

(a) anyone who is in the act of committing an indictable offence;

(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3) But the power of summary arrest conferred by paragraph (1) or (2) is exercisable only if—

(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in paragraph (4) it is necessary to arrest the person in question; and

(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4) The reasons are to prevent the person in question—

(a) causing physical injury to himself or any other person;

(b) suffering physical injury;

(c) causing loss of or damage to property; or

(d) making off before a constable can assume responsibility for him.".

    (2) Article 27 of PACE (general arrest conditions) shall cease to have effect.

    (3) The Articles 26 and 26A of PACE substituted by paragraph (1) are to have effect in relation to any offence whenever committed.

    (4) Schedule 1, which supplements this Article by providing for the amendment or repeal of certain statutory provisions (including some which are spent), has effect.

Fingerprinting of certain offenders
     16. —(1) Article 29 of PACE (fingerprinting of certain offenders) is amended as follows.

    (2) After paragraph (1) insert—

" (1A) Where a person convicted of a recordable offence has already had his fingerprints taken as mentioned in sub-paragraph (c) of paragraph (1), that fact (together with any time when he has been in police detention for the offence) shall be disregarded for the purposes of that paragraph if—

(1B) Paragraphs (1) and (1A) apply where a person has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted as they apply where a person has been convicted of an offence, and references in this Article to a conviction shall be construed accordingly.".

Search upon arrest
17. —(1) Article 34 (search upon arrest) of PACE is amended as follows.

(2) In paragraph (2) for sub-paragraph (b) substitute—

Arrested juveniles
18. —(1) Article 38 (duties of custody officers before charge) is amended as follows.

(2) In paragraph (14), in the definition of "arrested juvenile", for "17" substitute "18".

PART V
DETENTION
Detention reviews
     19. —(1) Article 41 of PACE (review of police detention) is amended as follows.

    (2) In paragraph (8) for the words from "the substitution" to the end substitute "the modifications specified in paragraph (8A)".

    (3) After that paragraph insert—

" (8A) The modifications are—

(4) In paragraph (10) for the words from "the substitution" to the end substitute "the modifications specified in paragraph (10A)".

(5) After that paragraph insert—

" (10A) The modifications are—

Use of telephone for review of detention
20. After Article 41 of PACE insert—

" Use of telephone for review under Article 41

41A.

—(1) A review under Article 41(1)(b) may be carried out by means of a discussion, conducted on the telephone, with one or more persons at the police station where the arrested person is held.

(2) But paragraph (1) does not apply if—

(3) Where any review is carried out under this Article by an officer who is not present at the station where the arrested person is held—

to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by paragraph (4).

(4) Representations are made in a manner authorised by this paragraph—

(b) in any other case, if they are made orally by telephone to that officer.

(5) In this Article "video-conferencing facilities" has the same meaning as in Article 46A.".

Authorisation of continued detention
     21. —(1) Article 43 of PACE (authorisation of continued detention) is amended as follows.

    (2) In paragraph (1)(b) for "arrestable offence" substitute "indictable offence".

Warrants of further detention
     22. —(1) Article 44 of PACE (warrants of further detention) is amended as follows.

    (2) In paragraph (4)(b) for "a serious arrestable offence" substitute "an indictable offence".

Use of video conferencing facilities for decisions about detention
     23. After Article 46 of PACE insert—

" Use of video-conferencing facilities for decisions about detention

46A

—(1) Subject to the following provisions of this Article, the Secretary of State may by regulations provide that, in the case of an arrested person who is held in a police station, some or all of the functions mentioned in paragraph (2) may be performed (notwithstanding anything in the preceding provisions of this Part) by an officer who—

(2) Those functions are—

    (3) Regulations under this Article shall specify the use to be made in the performance of the functions mentioned in paragraph (2) of the facilities mentioned in paragraph (1).

    (4) Regulations under this Article shall not authorise the performance of any of the functions mentioned in paragraph (2)(a) by such an officer as is mentioned in paragraph (1) unless he is a custody officer for a designated police station.

    (5) Where any functions mentioned in paragraph (2) are performed in a manner authorised by regulations under this Article—

(6) Where the functions mentioned in paragraph (2)(b) are performed in a manner authorised by regulations under this Article, the requirements under Article 41(12) and (13) for—

to be given any opportunity to make representations (whether in writing or orally) to the person performing those functions shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by paragraph (7).

(7) Representations are made in a manner authorised by this paragraph—

(b) in any other case if they are made orally to that officer by means of the video-conferencing facilities used by him for performing the functions.

(8) Regulations under this Article may be made so as to have effect in relation only to the police stations specified or described in the regulations.

(9) Any reference in this Article to video-conferencing facilities, in relation to any functions, is a reference to any facilities (whether a live television link or other facilities) by means of which the functions may be performed with the officer performing them, the person in relation to whom they are performed and any legal representative of that person all able to both see and to hear each other.".

Bail after arrest
24. In Article 48 (bail after arrest) in paragraph (2) after "appointed under" insert "sub-paragraph (a) of".

PART VI

QUESTIONING AND TREATMENT OF PERSONS BY POLICE
Definitions

25.

—(1) Article 53 of PACE (interpretation of Part VI) is amended as follows.

(2) In paragraph (1), in the definition of "appropriate consent", in paragraph (a) for "17" substitute "18".

(3 In paragraph (1) at the appropriate place insert—

" "analysis", in relation to a skin impression, includes comparison and matching;"

(4 In paragraph (1) for the definition of "fingerprints" substitute—

" "fingerprints", in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—

(5 In paragraph (1) in the definition of "intimate sample", for paragraph (c) substitute—

(6 In paragraph (1) in the definition of "non-intimate sample", for paragraph (c) substitute—

(7 In paragraph (1) in the definition of "non-intimate sample", for paragraph (e) substitute—

(8 In paragraph (1) after the definition of "registered health care professional" insert—

" "skin impression", in relation to any person, means any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;".

(9 In paragraph (1) in the definition of "sufficient" and "insufficient", after "means" insert "(subject to paragraph (3))".

(10) After paragraph (2) add—

the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.".

Intimate searches
     26. —(1) Article 56 of PACE (intimate searches) is amended as follows.

    (2) In paragraphs (1) and (5) for "superintendent" substitute "inspector".

Right to have someone informed when arrested
     27. —(1) Article 57 of PACE (right to have someone informed when arrested) is amended as follows.

    (2) In each of paragraphs (2)(a) and (5)(a), for "a serious arrestable offence" substitute "an indictable offence".

    (3) In paragraph (2)(b) for "superintendent" substitute "inspector".

    (4) In paragraph (5A)(a), for "the serious arrestable offence" substitute "the indictable offence".

Access to legal advice
     28. —(1) Article 59 of PACE (access to legal advice) is amended as follows.

    (2) In each of paragraphs (6)(a) and (8)(a), for "a serious arrestable offence" substitute "an indictable offence".

    (3) In paragraph (8A)(a), for "the serious arrestable offence" substitute "the indictable offence".

Visual recording of interviews
     29. —(1) Article 60A of PACE (video-recording of interviews) is amended as follows.

    (2) For "video-recording" (wherever it occurs) “substitute "visual recording".

Fingerprinting
     30. —(1) Article 61 of PACE (fingerprinting) is amended as follows.

    (2) After paragraph (4) insert—

" (4A) Where a person mentioned in sub-paragraph (a) of paragraph (3) or (4) has already has his fingerprints taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that paragraph if—

(4AA) The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if—

authorises them to be taken.

(4B) A court or officer may only give an authorisation under paragraph (4AA) if—

(5) An officer may give an authorisation under paragraph (4AA) orally or in writing, but if he gives it orally he shall confirm it in writing as soon as is practicable.".

(3) In paragraph (6) for "he has been convicted of a recordable offence" substitute—

(4) After paragraph (6) insert—

(6A) A constable may take a person's fingerprints without the appropriate consent if—

(a) the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and

(b) either of the two conditions mentioned in paragraph (6B) is met.

(6B) The conditions are that—

(a) the name of the person is unknown to, and cannot be readily ascertained by, the constable;

(b) the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.

    (6C) The taking of fingerprints by virtue of paragraph (6A) does not count for any of the purposes of this Order as taking them in the course of the investigation of an offence by the police.”.

    (5) In paragraph (7), for "or (6)" substitute ", (6) or (6A)".

    (6) In paragraph (7A)—

(a) after "police station," insert "or by virtue of paragraph (6A) at a place other than a police station,",

(b) in sub-paragraph (a), after "an officer" insert "(or, in a paragraph (6A) case, the constable)".

(7) After paragraph (8A) insert—

" (8B) Where a person's fingerprints are taken electronically, they must be taken only in such manner, and using such devices, as the Secretary of State has approved for the purposes of electronic fingerprinting.".

Impressions of footwear
31. After Article 61 of PACE insert—

" Impressions of footwear

61A.

—(1) Except as provided by this Article, no impression of a person's footwear may be taken without the appropriate consent.

(2) Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.

(3) Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—

(4) Where a person mentioned in sub-paragraph (a) of paragraph (3) has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that paragraph if the impression of his footwear taken previously is—

(5) If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—

(6) In a case where, by virtue of paragraph (3), an impression of a person's footwear is taken without the appropriate consent—

(7) The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.

(8) Nothing in this Article applies to any person—

Intimate samples
     32. —(1) Article 62 of PACE (intimate samples) is amended as follows.

    (2) In paragraphs (1)(a) and (1A)(a) for "superintendent" substitute "inspector".

Non-intimate samples
     33. —(1) Article 63 of PACE (non-intimate samples) is amended as follows.

    (2) In paragraph (3)(b) for "superintendent" substitute "inspector".

    (3) After paragraph (5) insert—

" (5A) An officer shall not give an authorisation under paragraph (3) for the taking from any person of a non-intimate sample consisting of a skin impression if—

(4) After paragraph (10) insert—

" (10A) Where a non-intimate sample consisting of a skin impression is taken electronically from a person, it must be taken only in such manner, and using such devices, as the Secretary of State has approved for the purpose of the electronic taking of such an impression.".

Fingerprints and samples: supplementary
34. —(1) Article 63A of PACE (fingerprints and samples: supplementary provisions) is amended as follows.

(2) For paragraphs (1) and (1A) substitute—

" (1) Where a person has been arrested on suspicion of being involved in a recordable offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints, impressions of footwear or samples or the information derived from samples taken under any power conferred by this Part from the person may be checked against—

(1ZA) Fingerprints taken by virtue of Article 61(6A) may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence.”.

(1A) In paragraphs (1) and (1ZA) "relevant law-enforcement authority" means—

(e) any person with functions under any international agreement which consist of or include the investigation of conduct which is—

or the apprehension of persons guilty of such conduct.

(1B) The reference in paragraph (1A) to a police force is a reference to any of the following—

(1C) Where—

the fingerprints or impressions of footwear or, as the case may be, those samples and that information may be checked against any of the fingerprints, impressions of footwear, samples or information mentioned in sub-paragraph (a) or (b) of that paragraph.

(1D) A consent given for the purposes of paragraph (1C) shall not be capable of being withdrawn.".

Destruction of fingerprints and samples
35. —(1) Article 64 of PACE (destruction of fingerprints and samples) is amended as follows.

(2) In paragraph (1A)—

(a) after "fingerprints" in both places where it occurs insert ", impressions of footwear";

(b) for "or the conduct of a prosecution" substitute ", the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came".

(3) In paragraph (1B) after "fingerprint" insert "or an impression of footwear".

(4) After paragraph (1B) insert—

" (1BA) Fingerprints taken from a person by virtue of Article 61(6A) must be destroyed as soon as they have fulfilled the purpose for which they were taken.".

(5) In paragraph (3) after "fingerprints" insert ", impressions of footwear".

(6) In paragraph (3AA)—

(a) for "and fingerprints" substitute ", fingerprints and impressions of footwear";

(b) in sub-paragraph (b), for "or, as the case may be, fingerprint" substitute ", fingerprint or (as the case may be) an impression of footwear".

(7) In paragraph (3AB)—

(a) for "paragraph (3)" substitute "paragraph (1BA) or (3)";

(b) after the first and third places "fingerprint" occurs insert ", impression of footwear";

(c) after the second place "fingerprint" occurs insert ", nor the impression of footwear,".

(8) In paragraph (3AC)—

(a) after "fingerprint" in each place where it occurs insert ", impression of footwear";

(b) in sub-paragraph (a), after "that" insert "fingerprint, impression of footwear or";

(c) after sub-paragraph (b) insert—

(d) at the end add the following new sentence—

" This paragraph does not apply to fingerprints taken from a person by virtue of Article 61(6A).".

    (9) In paragraph (3AD), after "fingerprint" insert ", impression of footwear".

    (10) In paragraph (5), after "fingerprints" in each place where it occurs insert "or impressions of footwear".

    (11) In paragraph (6), after "fingerprints" insert "or impressions of footwear".

    (12) In paragraph (7), after "fingerprints" insert "or impressions of footwear".

Photographing of suspects. etc
     36. —(1) Article 64A of PACE (photographing of suspects, etc.) is amended as follows.

    (2) After paragraph (1) insert—

" (1A) A person falling within paragraph (1B) may, on the occasion of the relevant event referred to in paragraph (1B), be photographed elsewhere than at a police station—

(1B) A person falls within this paragraph if he has been—

(3) In paragraph (4)(a), after "prosecution" insert "or to the enforcement of a sentence".

(4) In paragraph (5), after sub-paragraph (b) insert

(5) After paragraph (6) insert—

" (6A) In this Article, a "photograph" includes a moving image, and corresponding expressions shall be construed accordingly.".

PART VII

CODES OF PRACTICE
Codes of practice

37.

—(1) Article 65 of PACE (codes of practice) is amended as follows.

(2) In paragraph (a)—

PART VIII
EVIDENCE IN CRIMINAL PROCEEDINGS
Confessions by mentally handicapped persons

38.

—(1) Article 75 of PACE (confessions by mentally handicapped persons) is amended as follows.

(2) In paragraph (3) in the definition of "police purposes" for the words from "police cadets" to the end substitute "police trainees, police reserve trainees and police cadets appointed under sections 39, 40 and 42 respectively of the Police (Northern Ireland) Act 2000 (c.32) and of the police support staff".

PART IX
POLICE: GENERAL
Police officers performing duties of higher rank

39.

—(1) Article 84 of PACE (police officers performing duties of higher rank) is amended as follows.

(2) In paragraph (2) for the words from "he has been" to the end substitute—

PART X
SUPPLEMENTARY
Regulations

40.

—(1) Article 89 of PACE (orders and regulations) is amended as follows.

(2) After "Article 29(4)" insert "or 46A".

Minor amendment and repeals

41.

—(1) In Article 2 of PACE (interpretation) in paragraph (3) for "paragraph (4)" substitute "paragraphs (4) and (4A)".

(2) The statutory provisions set out in column 1 of Schedule 2 are repealed to the extent specified in column 2 of that Schedule.

Christine Cook
Deputy Clerk of the Privy Council

SCHEDULES

SCHEDULE 1

Article 15

POWERS OF ARREST: SUPPLEMENTARY

The Unlawful Drilling Act 1819 (c. 1)
     1. In section 2 (power to disperse unlawful meeting), omit ", or for any other person acting in their aid or assistance,".

The Railway Regulation Act 1842 (c. 55)
     2. Section 17 (punishment of persons guilty of misconduct) shall cease to have effect.

The Companies Clauses Consolidation Act 1845 (c. 16)
     3. In section 156 (transient offenders) omit ", and all persons called by him to his assistance,".

The Railways Clauses Consolidation Act 1845 (c. 20)
     4. Sections 104 (detention of offenders) and 154 (transient offenders) shall cease to have effect.

The Vagrancy (Ireland) Act 1847 (c. 84)
     5. Section 4 (power to apprehend offenders) shall cease to have effect.

The Town Police Clauses Act 1847 (c.89)
     6. In section 28 (offences) omit the words from "and any constable" to "(that is to say)".

The Public Stores Act 1875 (c. 25
     7. In section 12 (powers of arrest and search) subsection (1) shall cease to have effect.

The Military Lands Act 1892 (c. 43)
     8. Section 17(2) (powers relating to breaches of byelaws) shall cease to have effect so far as it confers a power of arrest without warrant on a constable.

The Summary Jurisdiction (Ireland) Act 1908 (c,24)
     9. In Article 9(1) (persons found drunk in charge of children) omit "may be apprehended and"

The Official Secrets Act 1911 (c. 28)
     10. Section 6 (power of arrest) shall cease to have effect.

The Game Preservation Act (Northern Ireland) 1928 (c.25)
     11. In section 2 (3) (power of police to enter on land) for "Article 27" substitute "Article 26".

The Criminal Justice (Northern Ireland) Act 1953 (c.14)
     12. Section 14 (proof of previous conviction by fingerprints) shall cease to have effect.

The Criminal Law Act (Northern Ireland) 1967 (c. 18)
     13. —(1) In section 4 (penalties for assisting offenders)—

(b) for subsection (1A) substitute—

(2) In section 5 (penalties for concealing offences or giving false information), in subsection (1)—

The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c.28)

14. Section 7(2) (power of arrest) shall cease to have effect.

The Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))
     15. In section 24 (going equipped for stealing etc.) omit subsection (4).

The Immigration Act 1971 (c. 77)
     16. In section 28A (arrest without warrant), in each of subsections (1) and (9A), for "A constable or" substitute "An".

The Theft (Northern Ireland) Order 1978 (NI 23)
     17. In Article 5 (making off without payment) omit paragraph (4).

The Customs and Excise Management Act 1979 (c. 2)
     18. In section 138 (provisions about arrest), in subsection (4)(c), after "Article 26" insert "or 26A".

The Diseases of Animals (Northern Ireland) Order 1981 (NI 22)
     19. In Article 42 (functions of constables)—

The Aviation Security Act 1982 (c. 36)

20. —(1) In section 13 (power to require aerodrome managers to promote searches at airports), in subsection (5)(c), for "27" substitute "26A".

(2) In section 28 (byelaws for designated airports), omit subsection (3).

The Housing (Northern Ireland) Order 1983 (NI 15)
     21. In Part I of Schedule 3 (which sets out grounds upon which a court may order possession of dwelling-houses let under secure tenancies), in Ground 2, in paragraph (b)(ii), for "arrestable" substitute "indictable".

The Wildlife (Northern Ireland) Order 1985 (NI 2)
     22. In Article 25 (enforcement), in paragraph (2), for "Article 27" substitute "Article 26".

The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11)
     23. In Article 4 (persons found on premises used for betting transactions) omit paragraph (3).

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)
     24. In Schedule 2 (control of sex establishments), omit paragraph 24.

The Public Order (Northern Ireland) Order 1987 (NI 7)
     25. In Article 24 (powers of arrest) omit paragraphs (1) and (2).

The Police and Criminal Evidence(Northern Ireland) Order 1989 (NI 12)
     26. —(1) In Article 2(2) (general interpretation) omit the definitions of "arrestable offence" and "serious arrestable offence".

    (2) In Schedule 2 (preserved powers of arrest), omit—

The Aviation and Maritime Security Act 1990 (c. 31)

27. In section 22 (power to require harbour authorities to promote searches in harbour areas), in subsection (10)(c), for "27" substitute "26A".

The Criminal Justice and Public Order Act 1994 (c. 33)
     28. —(1) In section 68 (offence of aggravated trespass) omit subsection (4).

    (2) In section 69 (powers to remove persons committing or participating in aggravated trespass) omit subsection (5).

    (3) In section 140 (reciprocal powers of arrest), in subsection (5), for "Article 26(6) or (7) or 27" substitute "Article 26".

The Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12)
     29. In Article 125 (intimidation, etc.), omit paragraph (3).

The Road Traffic (Northern Ireland) Order 1995 (NI 18)
     30. In Article 15 (driving etc. under influence of drink or drugs), omit paragraphs (6) and (7).

The Reserve Forces Act 1996 (c. 14)
     31. In Schedule 2 (deserters and absentees without leave), omit paragraph 2(1).

The Public Processions (Northern Ireland) Act 1998 (c.2)
     32. Section 15 (powers of arrest) shall cease to have effect.

The Police (Northern Ireland) Act 1998 (c. 32)
     33. In section 66 (assaults, etc) omit subsection (3).

The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)
     34. —(1) In Article 2(2) (interpretation) omit the definitions of "arrestable offence" and "serious arrestable offence".

    (2) In Article 6(3)(a) for "serious arrestable" substitute "indictable".

    (3) In Article 7(5)(a) for "serious arrestable" substitute "indictable"

    (4) In Article 12(3)(a) and (b) for "arrestable" substitute "indictable".

The Terrorism Act 2000 (c. 11)
     35. In Schedule 8 (detention), in paragraph 8 (which relates to the rights of a person detained under Schedule 7 to or section 41 of that Act) in sub-paragraph (9), omit the words "(in relation to England and Wales)" and the words from "and (in relation to Northern Ireland)" to "Order 1989".

The International Criminal Court Act 2001 (c. 17)
     36. —(1) In section 33 (entry, search and seizure), in subsection (2), omit "(in the case of Part 2 of the 1984 Act)" and the words "or (in the case of Part III of the 1989 Order) to a serious arrestable offence".

    (2) In section 62 (meaning of "ancillary offence" under the law of Northern Ireland), in subsection (5), in each of paragraphs (a) and (b), for "an arrestable offence" substitute "a relevant offence".

The Crime (International Co-operation) Act 2003 (c. 32)
     37. —(1) In section 16 (extension of statutory search powers in England and Wales and Northern Ireland), in subsection (3)—

(2) In section 17 (warrants in England and Wales or Northern Ireland)—

The Gangmasters (Licensing) Act 2004 (c. 11)

38. In Schedule 2 (application of Act to Northern Ireland), in paragraph 14, for "Article 26(4) and (5)" substitute "Article 26A".

The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
39. —(1) In section 2 (entering U.K. without passport, etc.), in subsection (10), for "a constable or" substitute "an".

(2) In section 35 (deportation or removal: cooperation), in subsection (5), for "a constable or" substitute "an".

SCHEDULE 2

Article 41

REPEALS

Short Title	Extent of repeal
The Unlawful Drilling Act 1819 (c.1)	In section 2 the words ", or for any other person acting in their aid or assistance".
The Railway Regulation Act 1842 (c.55)	Section 17.
The Companies Clauses Consolidation Act 1845 (c.16)	In section 156 the words ", and all persons called by him to his assistance".
The Railways Clauses Consolidation Act 1845 (c.20)	Section 104. Section 154.
The Vagrancy (Ireland) Act 1847 (c.84)	Section 4.
The Town Police Clauses (Ireland) Act 1847 (c.	In section 28 the words from "and any constable" to "(that is to say)".
The Public Stores Act 1875 (c.25)	Section 12(1).
The Summary Jurisdiction (Ireland) Act 1908 (c.24)	Section 9(1) the words "may be apprehended and".
The Official Secrets Act 1911 (c.28)	Section 6.
The Criminal Justice (Northern Ireland) Act 1953 (c. 14)	Section 14.
The Criminal Justice (Miscellaneous Provisions) (Northern Ireland) Act 1968 (c. 28)	Section 5. Section 7(2). Section 10.
The Theft Act (Northern Ireland) 1969 (c.16)	Section 24(4).
The Theft (Northern Ireland) Order 1978 (NI 23)	Article 5(4).
The Diseases of Animals (Northern Ireland) Order 1981 (NI 22)	Article 42(9).
The Aviation Security Act 1982 (c.36)	Section 28(3).
The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11)	Article 4(3).
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)	In Schedule 2, paragraph 24.
The Public Order (Northern Ireland) Order 1987 (NI 7)	Article 24(1) and (2).
The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12).	In Article 2(2), the definitions of "arrestable offence" and "serious arrestable offence". In Article 17(2)(a)(i) the word "and" at the end. Article 27. In Article 60(1) the words "Subject to Article 66(12),". In Article 65(a)(i) the word "or" at the end. Article 87. In Schedule 1, in paragraph 11(a) the words "to which the application relates". In Schedule 2 the entries relating to the Town Police Clauses Act 1847, the Military Lands Act 1892, the Diseases of Animals (Northern Ireland) Order 1981 and the Public Order (Northern Ireland) Order 1987. Schedule 5. In Schedule 6, paragraph 5.
The Aviation and Maritime Security Act 1990 (c.31)	In Schedule 3, paragraph 11.
The Criminal Justice and Public Order Act 1994 (c.33)	Section 68(4). Section 69 (5). Section 85(4) to (6).
The Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12)	Article 125(3).
The Road Traffic (Northern Ireland) Order 1995 (NI 18)	Article 15(6) and (7). In Schedule 3, paragraph 39.
The Reserve Forces Act 1996 (c.14)	In Schedule 2, paragraph 2(1).
The Criminal Procedure and Investigations Act 1996 (c. 25)	Section 64. In Schedule 4, paragraph 27.
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)	In Schedule 3, paragraph 36.
The Criminal Justice (Northern Ireland) Order 1996 (NI 24)	Article 55.
The Public Processions (Northern Ireland) Act 1998 (c.2)	Section 15.
The Police (Northern Ireland) Act 1998 (c.32)	Section 66(3).
The Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6)	Article 26.
The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9	In Article 2(2) the definitions of "arrestable offence" and "serious arrestable offence".
The Terrorism Act 2000 (c.11)	In Schedule 8, in paragraph 8(9), the words "(in relation to England and Wales)" and the words from "and (in relation to Northern Ireland)" to "Order 1989".
The Police (Northern Ireland) Act 2000 (c. 32)	In Schedule 6, paragraph 10(5).
The Criminal Justice and Police Act 2001 (c.16)	Section 72.
The International Criminal Court Act 2001 (c.17)	In section 33(2) the words "(in the case of Part 2 of the 1984 Act)" and the words "or (in the case of Part III of the 1989 Order) to a serious arrestable offence".
The Anti-terrorism, Crime and Security Act 2001 (c. 24	Section 82(2). Section 95(2).
The Aviation (Offences)Act 2003 (c.19)	Section 1(2).
The Communications Act 2003 (c.21)	Section 181(2).
The Criminal Justice (Northern Ireland) Order 2003 (NI 13)	Article 30. In Schedule 1, paragraph 11.
The Criminal Justice (No.2) (Northern Ireland) Order 2003 (NI 18)	The whole Order.
The Justice (Northern Ireland) Act 2004 (c.4)	Section 15.
The Domestic Violence, Crime and Victims Act 2004 (c.28)	Section 10(2). In Schedule 10, paragraph 29.
The Firearms (Northern Ireland) Order 2004 (NI 3).	In Schedule 7, paragraph 12.
The Criminal Justice (No.2) (Northern Ireland) Order 2004 (NI 15)	Article 5(5).
The Prevention of Terrorism Act 2005 (c.2)	Section 9(10).
The Criminal Justice (Northern Ireland) Order 2005 (NI 15	Article 23.
The Firearms (Amendment) (Northern Ireland) Order 2005 (NI 16)	Article 5(3).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes miscellaneous amendments to the Police and Criminal Evidence (Northern Ireland) Order 1989.

Explanatory Memorandum

Prepared 15 February 2007

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