Joint Committee on Statutory Instruments First Report



APPENDIX 7

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 2.

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.


 
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