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Police (Northern Ireland) Bill [HL]


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

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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

(supplementary provisions relating to fingerprints and samples) to require

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

5

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

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

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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.

Part 3

Escort officers

15

Power to take an arrested person to a police station

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

              (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

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

designated person;

              (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

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

designated person;

              (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

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his lawful custody;

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

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

his charge.

          (2)      Without prejudice to any designation applying paragraph 12 to a person,

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

(1) 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

of a person in police detention—

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                    (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;

 

 

Police (Northern Ireland) Bill [HL]
Schedule 1 — Powers exercisable by designated persons
Part 4 — Interpretation

    28

 

              (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

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

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 to escort

a person in police detention—

              (a)             from that police station to another police station;

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

custody officer;

              (c)             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

another police station.

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

under sub-paragraph (1)—

              (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;

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

charge.

          (3)      Without prejudice to any designation applying paragraph 12 to a person,

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

(2) 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

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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

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

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

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

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

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

person were a police officer.

Part 4

Interpretation

  24      (1)      In this Schedule—

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Police (Northern Ireland) Bill [HL]
Schedule 2 — Police powers: amendments

    29

 

               “designated person” means a person designated under section 20 or

21;

               “designation” means a designation under section 20 or 21;

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

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

5

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

meanings in this Schedule as they have in that Order.

Schedule 2

Section 22

 

Police powers: amendments

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

10

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

insert—

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

8, 22(1) or 23(2) of Schedule 1 to the Police (Northern Ireland) Act

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

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of this Order.”

  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

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

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 by a constable.”

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

insert—

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

appropriate consent is exercisable by a constable.”

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

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

(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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              “(8A)                A person on whom powers are conferred or duties are imposed by a

designation under section 20 or 21 of the Police (Northern Ireland)

Act 2003 shall have regard to any relevant provision of a code of

practice to which this Article applies in—

 

 

Police (Northern Ireland) Bill [HL]
Schedule 3 — Repeals

    30

 

                    (a)                   the exercise of the powers conferred on him by the

designation;

                    (b)                   the performance of the duties imposed on him by the

designation.”

          (3)      In paragraph (9) after sub-paragraph (b) insert—

5

                    “; or

                    (c)                      of a person designated under section 20 or 21 of the Police

(Northern Ireland) Act 2003 to comply with paragraph

(8A),”.

Terrorism Act 2000 (c. 11)

10

  8       (1)      Section 101 of the Terrorism Act 2000 (c. 11) (codes of practice:

supplementary) is amended as follows.

          (2)      After subsection (5) insert—

              “(5A)                A person on whom powers are conferred or duties are imposed by a

designation under section 20 or 21 of the Police (Northern Ireland)

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Act 2003 shall have regard to any relevant provision of a code of

practice to which this section applies in—

                    (a)                   the exercise of the powers conferred on him by the

designation;

                    (b)                   the performance of the duties imposed on him by the

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designation.”

          (3)      After subsection (7) insert—

              “(7A)                A failure by a person designated under section 20 or 21 of the Police

(Northern Ireland) Act 2003 to comply with subsection (5A) shall not

of itself make him liable to criminal or civil proceedings.”

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Schedule 3

Section 35

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

Police (Northern Ireland) Act

Section 61A.

 
 

1998 (c. 32)

  

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Police (Northern Ireland) Act

In section 25(2), the words from “but” to the

 
 

2000 (c. 32)

end.

 
  

Section 28(5)(c) and the word “and”

 
  

immediately preceding it.

 
  

Section 32(4) and (5).

 

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Section 63(1).

 
  

In Schedule 1, paragraph 19(3).

 

           The repeals in section 28(5) of the Police (Northern Ireland) Act 2000 have

effect in accordance with section 6(6) above.

 

 

 
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