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Police (Northern Ireland) Bill [HL]


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

 

Schedules

Schedule 1

Sections 20 and 21

 

Powers exercisable by designated persons

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);

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

Act to enter and search 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

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

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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) as if references in that

Article to a constable included references to the designated person.

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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

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

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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

been authorised under paragraph (1) of that Article;

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

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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;

              (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

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

Article to a constable included references to the designated person;

 

 

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

    21

 

              (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

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

by a constable;

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              (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

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

that Order;

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              (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

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

designated person;

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              (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-

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

requirement by virtue of sub-paragraph (g)—

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                    (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

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

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

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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.

Access to excluded and special procedure material

  3        Where a designation applies this paragraph to a person—

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              (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

Order and the following provisions of this paragraph;

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

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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

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

designated person in exercise of the power conferred on him by

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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

computerised information) applies to the power of seizure conferred

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

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

by that paragraph;

              (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

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

    22

 

              (e)             Schedule 1 to that Order 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

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

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

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

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

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the power conferred on a constable by paragraph 10 of

Schedule 1 to that Order or taken away by a constable

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;

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                    (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.

Entry and search after arrest

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  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

(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;

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

before arrested person taken to police station and duty to inform

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;

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              (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

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;

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              (d)             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 (a) as it applies

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

that Order;

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              (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 virtue of sub-paragraph

(a) 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 virtue of sub-

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

requirement by virtue of sub-paragraph (d)—

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

    23

 

                    (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

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

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

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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.

General power of seizure

  5        Where a designation applies this paragraph to a person—

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              (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;

              (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

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from premises;

              (c)             paragraph (6) of that Article (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 (a) as it has

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

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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

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

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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

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

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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

that Order or taken away by a constable following the

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

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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 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

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

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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 persons
Part 1 — Investigating officers

    24

 

Arrest at a police station for another offence

  7       (1)      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.

          (2)               Article 5 of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/

1987 (N.I. 20)) (consequences of failure by arrested person to account for

objects etc.) applies (without prejudice to the effect of any designation

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applying paragraph 9) in the case of a person arrested in exercise of the

power exercisable by virtue of this paragraph as it applies in the case of a

person arrested by a constable.

Power to transfer persons into custody of investigating officers

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

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for a designated police station may—

              (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.

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

              (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—

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

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

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

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

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into the custody of the designated person;

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

officer investigating the offence were references to the designated

person.

Power to require arrested person to account for certain matters

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  9                 Where a designation applies this paragraph to a person—

              (a)             he has the powers of a constable under Articles 5(1)(c) and 6(1)(c) of

the Criminal Evidence (Northern Ireland) Order 1988 to request a

person who has been arrested by a constable or by a person to whom

paragraph 7 applies to account for the presence of an object,

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

    25

 

              (a)             substance or mark or for the presence of the arrested person at a

particular place; and

              (b)             the references to a constable in Articles 5(1)(b) and (c) and (4) and

6(1)(b) and (c) and (3) of that Order accordingly include references to

the person to whom this paragraph is applied.

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Extended powers of seizure

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

              (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

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exercisable by the designated person by reference to the relevant

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

              (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

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he was lawfully on any premises.

          (2)      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.

Part 2

Detention officers

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Attendance at police station for fingerprinting

  11       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

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

fingerprints taken.

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Non-intimate searches of detained persons

  12      (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

detained persons)—

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

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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.

          (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

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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.

Searches and examinations to ascertain identity

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

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

examinations to ascertain identity)—

 

 

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

    26

 

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

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

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

5

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

appropriate consent;

              (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

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

designated person.

  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

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take fingerprints from a person detained under the terrorism provisions.

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

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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 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

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

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

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

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

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

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

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

terrorism provisions.

 

 

 
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