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Police (Northern Ireland) Bill [HL]


Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 2 — Detention officers

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          (2)      The powers conferred on the designated person by virtue of sub-paragraph

(1)(a) are exercisable only in relation to premises in the relevant police area

and things found on any such premises.

          (3)      A relevant power is a power of a constable that is conferred on the

designated person by virtue of the provisions of this Part of this Schedule.

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Part 2

Detention officers

Attendance at police station for fingerprinting

  10       Where a designation applies this paragraph to a person, he has the power of

a constable under Article 29(1) of the 1989 Order (fingerprinting of

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offenders) to require a person to attend a police station in order to have his

fingerprints taken.

Non-intimate searches of detained persons

  11      (1)      Where a designation applies this paragraph to a person, he has the powers

of a constable under Article 55 of the 1989 Order (non-intimate searches of

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detained persons)—

              (a)             to carry out a search under that Article of any person at a police

station or of any other person otherwise in police detention;

              (b)             to seize or retain, or cause to be seized or retained, anything found

on such a search.

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          (2)      Paragraphs (9) and (12) of Article 55 of that Order (restrictions on power to

seize clothes and personal effects and searches to be carried out by a member

of the same sex) apply to the exercise by the designated person of any power

exercisable by virtue of this paragraph as they apply to the exercise of the

power in question by a constable.

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Searches and examinations to ascertain identity

  12       Where a designation applies this paragraph to a person, he has the powers

of a constable under Article 55A of the 1989 Order (searches and

examinations to ascertain identity)—

              (a)             to carry out a search or examination at a police station;

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              (b)             to take a photograph at a police station of an identifying mark.

Intimate searches of detained persons

  13      (1)      Where a designation applies this paragraph to a person, he has the powers

of a constable by virtue of Article 56(6) of the 1989 Order (intimate searches)

to carry out an intimate search of a person at a police station.

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          (2)      Paragraph (7) of Article 56 of that Order (no intimate search to be carried out

by a constable of the opposite sex) applies to the exercise by the designated

person of any power exercisable by virtue of this paragraph as it applies to

the exercise of the power in question by a constable.

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 2 — Detention officers

    22

 

Fingerprinting

  14       Where a designation applies this paragraph to a person—

              (a)             he has the power of a constable under Article 61 of the 1989 Order

(fingerprinting) to take fingerprints at a police station without the

appropriate consent;

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              (b)             the requirement by virtue of paragraph (7A)(a) of that Article that a

person must be informed by an officer that his fingerprints may be

the subject of a speculative search may be discharged, in the case of

a person at a police station, by his being so informed by the

designated person.

10

  15       Where a designation applies this paragraph to a person, he has the power of

a constable under paragraph 10(2) of Schedule 8 to the Terrorism Act 2000

(c. 11) (fingerprinting persons detained under the terrorism provisions) to

take fingerprints from a person detained under the terrorism provisions in

the relevant police area.

15

Warnings about intimate samples

  16       Where a designation applies this paragraph to a person, the requirement by

virtue of Article 62(7A)(a) of the 1989 Order (intimate samples) that a person

must be informed by an officer that a sample taken from him may be the

subject of a speculative search may be discharged, in the case of a person in

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a police station, by his being so informed by the designated person.

Non-intimate samples

  17       Where a designation applies this paragraph to a person—

              (a)             he has the power of a constable under Article 63 of the 1989 Order

(non-intimate samples), in the case of a person in a police station, to

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take a non-intimate sample without the appropriate consent;

              (b)             the requirement by virtue of paragraph (6) of that Article

(information about authorisation) that a person must be informed by

an officer of the matters mentioned in that paragraph may be

discharged, in the case of an authorisation in relation to a person in

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a police station, by his being so informed by the designated person;

              (c)             the requirement by virtue of paragraph (8B)(a) of that Article that a

person must be informed by an officer that a sample taken from him

may be the subject of a speculative search may be discharged, in the

case of a person in a police station, by his being so informed by the

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designated person.

  18       Where a designation applies this paragraph to a person, he has the power of

a constable under paragraph 10(3) of Schedule 8 to the Terrorism Act 2000

(non-intimate samples from persons detained under the terrorism

provisions) to take a non-intimate sample from a person detained under the

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terrorism provisions in the relevant police area.

Attendance at police station for the taking of a sample

  19       Where a designation applies this paragraph to a person, he has the power of

a constable under paragraph (4) of Article 63A of the 1989 Order

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 3 — Escort officers

    23

 

  19       (supplementary provisions relating to fingerprints and samples) to require

a person to attend a police station in order to have a sample taken.

Photographing detained persons

  20       Where a designation applies this paragraph to a person, he has the power of

a constable under Article 64A of the 1989 Order (photographing of suspects

5

etc.) to take a photograph of a person detained at a police station.

  21       Where a designation applies this paragraph to a person, he has the power of

a constable under paragraph 2 of Schedule 8 to the Terrorism Act 2000 (c. 11)

(identification of persons detained under the terrorism provisions) to

photograph a person detained under the terrorism provisions in the relevant

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police area.

Part 3

Escort officers

Power to take an arrested person to a police station

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

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              (a)             the persons who, in the case of a person arrested by a constable, are

authorised for the purposes of paragraph (1) of Article 32 of the 1989

Order (procedure on arrest of person elsewhere than at a police

station) to take the person arrested to a police station include the

designated person;

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              (b)             that Article has effect in relation to the exercise by the designated

person of the power conferred by virtue of paragraph (a) as if the

references to a constable in paragraphs (3), (4)(a) and (13) (but not the

references in paragraphs (5) to (12)) included references to the

designated person;

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              (c)             a person who is taking another person to a police station in exercise

of the power conferred by virtue of paragraph (a)—

                    (i)                   must be treated for all purposes as having the other person in

his lawful custody;

                    (ii)                  is under a duty to prevent the other person’s escape;

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                    (iii)                 is entitled to use reasonable force to keep the other person in

his charge.

          (2)      Without prejudice to any designation applying paragraph 11 to a person,

where a person has another in his lawful custody by virtue of sub-paragraph

(1) of this paragraph—

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              (a)             he has the same powers under paragraphs (7) and (8) of Article 55 of

the 1989 Order (non-intimate searches) as a constable has in the case

of a person in police detention—

                    (i)                   to carry out a search of the other person;

                    (ii)                  to seize or retain, or cause to be seized or retained, anything

40

found on such a search;

              (b)             paragraphs (9) and (12) of that Article (restrictions on power to seize

clothes and personal effects and searches to be carried out by a

member of the same sex) apply to the exercise by the designated

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated police support staff
Part 3 — Escort officers

    24

 

              (b)             person of any power exercisable by virtue of this sub-paragraph as

they apply to the exercise of the power in question by a constable.

Escort of persons in police detention

  23      (1)      Where a designation applies this paragraph to a person, he may be

authorised by the custody officer for any designated police station in the

5

relevant police area to escort a person in police detention—

              (a)             from that police station to another police station in that or any other

police area, or

              (b)             from that police station to any other place that is specified by the

custody officer and then either back to that police station or on to

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another police station in that area or in another police area.

          (2)      Where a designation applies this paragraph to a person, he may be

authorised by the custody officer for any designated police station outside

the relevant police area to escort a person in police detention—

              (a)             from that police station to a designated police station in that area, or

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              (b)             from that police station to any place in that area specified by the

custody officer and either back to that police station or on to another

police station (whether in that area or elsewhere).

          (3)      A person who is escorting another in accordance with an authorisation

under sub-paragraph (1) or (2)—

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

lawful custody;

              (b)             is under a duty to prevent the other person’s escape;

              (c)             is entitled to use reasonable force to keep the other person in his

charge.

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          (4)      Without prejudice to any designation applying paragraph 11 to a person,

where a person has another in his lawful custody by virtue of sub-paragraph

(3) of this paragraph—

              (a)             he has the same powers under paragraphs (7) and (8) of Article 55 of

the 1989 Order (non-intimate searches) as a constable has in the case

30

of a person in police detention—

                    (i)                   to carry out a search of the other person;

                    (ii)                  to seize or retain, or cause to be seized or retained, anything

found on such a search;

              (b)             paragraphs (9) and (12) of that Article (restrictions on power to seize

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clothes and personal effects and searches to be carried out by a

member of the same sex) apply to the exercise by the designated

person of any power exercisable by virtue of this sub-paragraph as

they apply to the exercise of the power in question by a constable.

          (5)      Article 40(2) of that Order (responsibilities of custody officer where person

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transferred to escort) has effect where the custody officer for any police

station transfers or permits the transfer of any person to the custody of a

person who by virtue of this paragraph has lawful custody outside the

police station of the person transferred as it would apply if the designated

person were a police officer.

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Police (Northern Ireland) Bill [HL]
Schedule 2 — Designated police support staff: amendments

    25

 

Part 4

Interpretation

  24      (1)      In this Schedule—

               “designated person” means a person designated under section 20(1);

               “designation” means a designation under section 20(1);

5

               “the 1989 Order” means the Police and Criminal Evidence (Northern

Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

               “the relevant police area” means Northern Ireland and the adjacent

United Kingdom waters.

          (2)      Expressions used in this Schedule and in the 1989 Order have the same

10

meanings in this Schedule as they have in that Order.

Schedule 2

Section 21

 

Designated police support staff: amendments

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

  1        In Article 2 of the 1989 Order (general interpretation) after paragraph (4)

15

insert—

              “(4A)                Where a person is in another’s lawful custody by virtue of paragraph

8, 22(1) or 23(3) of Schedule 1 to the Police (Northern Ireland) Act

2003, he shall be treated as being in police detention for the purposes

of this Order.”

20

  2        In Article 20(5) of the 1989 Order (power of constable to conduct search of

arrested person’s premises before taking him to a police station) for “taking

the person” substitute “the person is taken”.

  3        In Article 55A(6) of the 1989 Order (persons entitled to carry out search or

examination or to take photographs) for sub-paragraphs (a) and (b) and the

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words after sub-paragraph (b) substitute “constables”.

  4        In Article 61 of the 1989 Order (fingerprinting) after paragraph (8) insert—

              “(8A)                The fingerprints of a person detained at a police station may be taken

without the appropriate consent only by a constable.”

  5        In Article 63 of the 1989 Order (non-intimate samples) after paragraph (9)

30

insert—

              “(9A)                The power to take a non-intimate sample from a person without the

appropriate consent is exercisable only by a constable.”

  6        In Article 64A(3) of the 1989 Order (persons entitled to photograph

detainees) for sub-paragraphs (a) and (b) and the words after sub-paragraph

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(b) substitute “constables”.

  7       (1)      Article 66 of the 1989 Order (codes of practice: supplementary) is amended

as follows.

          (2)      After paragraph (8) insert—

 

 

 
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