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Police (Northern Ireland) Bill [HL]


Police (Northern Ireland) Bill [HL]
Part 2 — Police powers

    14

 

           “(9)              In the case of an intimate sample which is a dental impression, the

sample may be taken from a person only by a registered dentist.

           (9A)              In the case of any other form of intimate sample, except in the case of a

sample of urine, the sample may be taken from a person only by one of

the following—

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                  (a)                 a medical practitioner;

                  (b)                 a registered health care professional.”

     (3)    In Article 53 (interpretation of Part VI) after the definition of “registered

dentist” insert—

                    ““registered health care professional” means a person (other than a

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medical practitioner) who is one of the following—

                  (a)                 a nurse registered on the register maintained by the Nursing

and Midwifery Council pursuant to paragraph 10 of

Schedule 2 to the Nursing and Midwifery Order 2001 (S.I.

2002/253) by virtue of qualifications in nursing;

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                  (b)                 a registered member of a health care profession which is

designated for the purposes of this paragraph by an order

subject to Article 89 made by the Secretary of State;”.

     (4)    In Article 53 at the beginning insert “(1)” and at the end insert—

           “(2)              In paragraph (1) “health care profession” means any profession

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mentioned in section 60(2) of the Health Act 1999 other than the

profession of practising medicine and the profession of nursing.”

     (5)    In Article 89 (orders and regulations) after “Articles” insert “53,”.

     (6)    Subsections (1) to (5) come into force in accordance with provision made by the

Secretary of State by order.

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     (7)    An order under subsection (6)—

           (a)           may make different provision for different purposes;

           (b)           may include supplementary, incidental, saving or transitional

provisions.

     (8)    The power to make an order under subsection (6) is exercisable by statutory

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instrument.

Codes of practice

 25    Codes of practice

In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)) (codes of practice under Articles 60, 60A and 65:

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supplementary) after paragraph (6) insert—

           “(6A)              Subject to paragraph (6B), the Secretary of State may by order subject to

Article 89 provide that a code of practice for the time being in force is to

be treated as having effect with such modifications as may be set out in

the order.

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           (6B)              The effect of the modifications made by an order under paragraph (6A)

must be confined to one or more of the following—

 

 

Police (Northern Ireland) Bill [HL]
Part 3 — General

    15

 

                  (a)                 the effect of the code in relation to such area of Northern Ireland

as may be specified in the order;

                  (b)                 the effect of the code during such period, not exceeding two

years, as may be so specified;

                  (c)                 the effect of the code in relation to such offences or descriptions

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of offender as may be so specified.”

Part 3

General

 26    Repeals

Schedule 3 contains repeals.

10

 27    Extent

This Act extends to Northern Ireland only.

 28    Short title

This Act may be cited as the Police (Northern Ireland) Act 2003.

 

 

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Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 1 — Investigating officers

 

Schedules

Schedule 1

Section 20

 

Powers exercisable by designated police support staff

Part 1

Investigating officers

5

Entry and search for purposes of arrest

  1        Where a designation applies this paragraph to a person—

              (a)             he may apply as if he were a constable for a warrant under section 42

of the Terrorism Act 2000 (c. 11) (warrants for entry and search for

purposes of arrest) in respect of premises in the relevant police area;

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              (b)             the persons authorised by a warrant issued under section 42 of that

Act to enter and search any such premises include the designated

person;

              (c)             Article 17 of the 1989 Order (safeguards) has effect in relation to the

issue of a warrant under section 42 of that Act to the designated

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person as it has effect in relation to the issue of a warrant under that

section to a constable;

              (d)             Article 18 of that Order (execution of warrants) has effect in relation

to a warrant issued under section 42 of that Act (whether to the

designated person or to any other person) in respect of premises in

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the relevant police area as if references in that Article to a constable

included references to the designated person.

Entry and search for evidence etc.

  2        Where a designation applies this paragraph to a person—

              (a)             he may apply as if he were a constable for a warrant under Article 10

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of the 1989 Order (warrants for entry and search for evidence etc.);

              (b)             the persons authorised by a warrant issued under Article 10 of that

Order to enter and search premises include the designated person;

              (c)             the designated person has the power of a constable under Article

10(2) of that Order to seize and retain things for which a search has

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been authorised under paragraph (1) of that Article;

              (d)             Article 17 of that Order (safeguards) has effect in relation to the issue

of a warrant under Article 10 of that Order to the designated person

as it has effect in relation to the issue of a warrant under that Article

to a constable;

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              (e)             Article 18 of that Order (execution of warrants) has effect in relation

to a warrant issued under Article 10 of that Order (whether to the

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 1 — Investigating officers

    17

 

              (e)             designated person or to any other person) as if references in that

Article to a constable included references to the designated person;

              (f)             Article 21(6) of that Order (protection for legally privileged material

from seizure) has effect in relation to the seizure of anything by the

designated person by virtue of sub-paragraph (c) as it has effect in

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relation to the seizure of anything under Article 10(2) of that Order

by a constable;

              (g)             Article 22 of that Order (extension of powers of seizure to

computerised information) applies to the power of seizure conferred

on the designated person by virtue of sub-paragraph (c) as it applies

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to the power of seizure conferred on a constable by Article 10(2) of

that Order;

              (h)             Article 23(1) and (2) of that Order (provision of record of seizure) has

effect in relation to the seizure of anything by the designated person

in exercise of the power conferred on him by virtue of sub-paragraph

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(c) as if the references to a constable included references to the

designated person;

              (i)             Articles 23(3) to (8) and 24 of that Order (access, copying and

retention) have effect in relation to anything seized by the designated

person in exercise of the power conferred on him by virtue of sub-

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paragraph (c) or taken away by him following the imposition of a

requirement by virtue of sub-paragraph (g)—

                    (i)                   as they have effect in relation to anything seized in exercise of

the power conferred on a constable by Article 10(2) of that

Order or taken away by a constable following the imposition

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of a requirement by virtue of Article 22 of that Order;

                    (ii)                  as if the second reference to a constable in paragraph (3) of

Article 23 of that Order and the references to a constable in

paragraphs (4) and (5) of that Article included references to a

person to whom this paragraph applies.

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Access to excluded and special procedure material

  3        Where a designation applies this paragraph to a person—

              (a)             he has the powers of a constable under Article 11(1) of the 1989 Order

(special provisions for access) to obtain access to excluded material

and special procedure material, in accordance with Schedule 1 to that

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Order and the following provisions of this paragraph;

              (b)             Schedule 1 to that Order has effect as if the references in paragraphs

1, 4, 5, 9 and 10 of that Schedule to a constable were references to the

designated person;

              (c)             Article 21(6) of that Order (protection for legally privileged material

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from seizure) has effect in relation to the seizure of anything by the

designated person in exercise of the power conferred on him by

paragraph 10 of Schedule 1 to that Order as it has effect in relation to

the seizure of anything under that paragraph by a constable;

              (d)             Article 22 of that Order (extension of powers of seizure to

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computerised information) applies to the power of seizure conferred

on the designated person by paragraph 10 of Schedule 1 to that

Order as it applies to the power of seizure conferred on a constable

by that paragraph;

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 1 — Investigating officers

    18

 

              (e)             Article 23(1) and (2) of that Order (provision of record of seizure) has

effect in relation to the seizure of anything by the designated person

in exercise of the power conferred on him by paragraph 10 of

Schedule 1 to that Order as if the references to a constable included

references to the designated person;

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              (f)             Articles 23(3) to (8) and 24 of that Order (access, copying and

retention) have effect in relation to anything seized by the designated

person in exercise of the power conferred on him by paragraph 10 of

Schedule 1 to that Order or taken away by him following the

imposition of a requirement by virtue of sub-paragraph (d), and to

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anything produced to him under paragraph 4(a) of Schedule 1 to that

Order—

                    (i)                   as they have effect in relation to anything seized in exercise of

the power conferred on a constable by paragraph 10 of

Schedule 1 to that Order or taken away by a constable

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following the imposition of a requirement by virtue of Article

22 of that Order or, as the case may be, to anything produced

to a constable under paragraph 4(a) of that Schedule;

                    (ii)                  as if the second reference to a constable in paragraph (3) of

Article 23 of that Order and the references to a constable in

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paragraphs (4) and (5) of that Article included references to a

person to whom this paragraph applies.

Entry and search after arrest

  4        Where a designation applies this paragraph to a person—

              (a)             he has the powers of a constable under Article 20 of the 1989 Order

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(entry and search after arrest) to enter and search premises and to

seize and retain anything for which a constable may search under

that Article;

              (b)             paragraphs (5) and (6) of that Article (power to carry out search

before arrested person taken to police station and duty to inform

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senior officer) have effect in relation to any exercise by the

designated person of those powers as if the references in those

paragraphs to a constable were references to the designated person;

              (c)             Article 21(6) of that Order (protection for legally privileged material

from seizure) has effect in relation to the seizure of anything by the

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designated person by virtue of sub-paragraph (a) as it has effect in

relation to the seizure of anything under Article 20(2) of that Order

by a constable;

              (d)             Article 22 of that Order (extension of powers of seizure to

computerised information) applies to the power of seizure conferred

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on the designated person by virtue of sub-paragraph (a) as it applies

to the power of seizure conferred on a constable by Article 20(2) of

that Order;

              (e)             Article 23(1) and (2) of that Order (provision of record of seizure) has

effect in relation to the seizure of anything by the designated person

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in exercise of the power conferred on him by virtue of sub-paragraph

(a) as if the references to a constable included references to the

designated person;

              (f)             Articles 23(3) to (8) and 24 of that Order (access, copying and

retention) have effect in relation to anything seized by the designated

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person in exercise of the power conferred on him by virtue of sub-

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 1 — Investigating officers

    19

 

              (f)             paragraph (a) or taken away by him following the imposition of a

requirement by virtue of sub-paragraph (d)—

                    (i)                   as they have effect in relation to anything seized in exercise of

the power conferred on a constable by Article 20(2) of that

Order or taken away by a constable following the imposition

5

of a requirement by virtue of Article 22 of that Order;

                    (ii)                  as if the second reference to a constable in paragraph (3) of

Article 23 of that Order and the references to a constable in

paragraphs (4) and (5) of that Article included references to a

person to whom this paragraph applies.

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General power of seizure

  5        Where a designation applies this paragraph to a person—

              (a)             when lawfully on any premises, he has the same powers as a

constable under Article 21 of the 1989 Order (general powers of

seizure) to seize things;

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              (b)             he has the powers of a constable to impose a requirement by virtue

of paragraph (4) of that Article in relation to information accessible

from premises;

              (c)             paragraph (6) of that Article (protection for legally privileged

material from seizure) has effect in relation to the seizure of anything

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by the designated person by virtue of sub-paragraph (a) as it has

effect in relation to the seizure of anything under Article 21 of that

Order by a constable;

              (d)             Article 23(1) and (2) of that Order (provision of record of seizure) has

effect in relation to the seizure of anything by the designated person

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in exercise of the power conferred on him by virtue of sub-paragraph

(a) as if the references to a constable included references to the

designated person;

              (e)             Articles 23(3) to (8) and 24 of that Order (access, copying and

retention) have effect in relation to anything seized by the designated

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person in exercise of the power conferred on him by virtue of sub-

paragraph (a) or taken away by him following the imposition of a

requirement by virtue of sub-paragraph (b)—

                    (i)                   as they have effect in relation to anything seized in exercise of

the power conferred on a constable by Article 21(2) or (3) of

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that Order or taken away by a constable following the

imposition of a requirement by virtue of Article 21(4) of that

Order;

                    (ii)                  as if the second reference to a constable in paragraph (3) of

Article 23 of that Order and the references to a constable in

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paragraphs (4) and (5) of that Article included references to a

person to whom this paragraph applies.

Access and copying in the case of things seized by constables

  6        Where a designation applies this paragraph to a person, Article 23 of the

1989 Order (access and copying) has effect in relation to anything seized by

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a constable as if the second reference to a constable in paragraph (3) of

Article 23 and the references to a constable in paragraphs (4) and (5) of that

Article (supervision of access and photographing of seized items) included

references to the designated person.

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 1 — Investigating officers

    20

 

Arrest at a police station for another offence

  7        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

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              (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.

Power to transfer persons into custody of investigating officers

  8       (1)      Where a designation applies this paragraph to a person, the custody officer

for a designated police station may—

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              (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.

          (2)      A person falls within this sub-paragraph if—

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              (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—

              (a)             must be treated for all purposes as having the person in his lawful

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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

designated person, paragraphs (2) and (3) of Article 40 of the 1989 Order

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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

into the custody of the designated person;

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              (b)             references to the officer to whom the transfer is made and to the

officer investigating the offence were references to the designated

person.

Extended powers of seizure

  9       (1)      Where a designation applies this paragraph to a person—

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              (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

exercisable by the designated person by reference to the relevant

power to the same extent as they would be by a constable;

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              (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

he was lawfully on any premises in the relevant police area.

 

 

 
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