Police and Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (No. 2) Order 1996

Made: 28th June 1996

To be laid before Parliament

Coming into operation: 29th July 1996

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by Article 66(4) of the Order, hereby makes the following order:—

Citation and commencement

1

This order may be cited as the Police and Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (No. 2) Order 1996 and shall come into operation on 29th July 1996.

Codes of practice

2

Subject to Article 3, the code of practice in connection with the matter referred to in Article 60 of the Order and the revised codes of practice in connection with the matters referred to in Article 65 of the Order laid in draft before Parliament on 27th June 1996 shall come into operation on 29th July 1996.

Transitional provisions

3

• (1) The revised code of practice for the exercise by police officers of statutory powers to stop and search shall apply to any search by a police officer which commences after 28th July 1996 notwithstanding that the person or vehicle in question may have been detained by him in that behalf before that time.

• (2) The revised code of practice for the searching of premises by police officers and the seizure of property found by police officers on persons or premises shall apply—

• (a) to any application for a warrant to search premises made after 28th July 1996; and

• (b) to any search of premises or seizure of property taking place after 28th July 1966, notwithstanding that the search or seizure in question may have taken place in pursuance of a warrant granted or applied for before that time.

• (3) The revised code of practice for the detention, treatment and questioning of persons by police officers shall apply—

• (a) in so far as it relates to the exercise of powers conferred by Part V of the Order, to persons who are in police detention where the period of police detention commenced after 28th July 1996; and

• (b) as to its other provisions, to persons in police detention after 28th July 1996, notwithstanding that their period of detention may have commenced before that time.

• (4) The revised code of practice for the identification of persons by police officers shall apply to any procedures to which the code relates which are carried out after 28th July 1996.

• (5) The code of practice for the tape recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations shall apply to any procedures to which the code relates which are carried out after 28th July 1996 notwithstanding that such a procedure may have commenced before that time.

• (6) The Police and Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (No. 1) Order 1989[^f00002] is hereby revoked.

Signed

P. B. B. Mayhew — One of Her Majesty’s Principal Secretaries of State — 28th June 1996

Explanatory note

(This note is not part of the Order.)

This order appoints 29th July 1996 as the date on which the code of practice under Article 60 and the revised codes of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 will come into operation.

The codes of practice are:

• (a) Code of Practice for the Tape Recording of Interviews of Persons Suspected of the Commission of Criminal Offences which are held by Police Officers at Police Stations;

• (b) Code of Practice for the Exercise by Police Officers of Statutory Powers of Stop and Search;

• (c) Code of Practice for the Searching of Premises by Police Officers and the Seizure of Property found by Police Officers on Persons or Premises;

• (d) Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers;

• (e) Code of Practice for the Identification of Persons by Police Officers.

The codes of practice are published by Her Majesty’s Stationery Office; copies may be obtained from Government bookshops.

Footnotes

[^f00001]: S.I. 1989/1341 (N.I. 12)

[^f00002]: S.R. 1989 No. 470