Contents
- Police powers.
- Introductory
- Designation of police support staff
- Recruitment
- Appointment of constables with special policing skills
- Police Ombudsman: investigation following acquittal
- Schedule 1 Investigating officers
- Schedule 2 Detention officers
- Schedule 3 Escort officers
- Schedule 5 Schedule to be inserted as schedule 2A to the 2003 act
Police powers.
Article 12Closure of roads, etc.#
(1)If a constable considers it immediately necessary for the preservation of the peace or the maintenance of order, he may—
(a)wholly or partly close a road;
(c)prohibit or restrict the exercise of a right of way;
(d)prohibit or restrict the use of a waterway.
(2)A person commits an offence if he interferes with—
(a)works executed in connection with the exercise of the power conferred by paragraph (1); or
(b)any apparatus, equipment or other thing used in connection with the exercise of that power.
(3)It is a defence for a person charged with an offence under paragraph (2) to prove that he had a reasonable excuse for his interference.
(4)A person guilty of an offence under paragraph (2) shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding 6 months,
(b)a fine not exceeding level 5 on the standard scale, or
(c)both.
(5)Proceedings for an offence under this Article shall not be instituted without the consent of the Director of Public Prosecutions for Northern Ireland.
(6)In this Article —
Introductory
Article 1Title and commencement#
This Order may be cited as the Companies (Public Sector Audit) Order (Northern Ireland) 2008 and shall come into operation on 1st July 2008.
(1)This Order may be cited as the Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007.
(2)The following provisions come into operation on such day or days as the Department of Justice may by order appoint—
(a)Article 6 (with Schedule 4);
(b)Article 12; and
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)Schedule 5, except in so far as it relates to paragraphs 2, 6, 7, 10, 13, 15 and 18 of the inserted Schedule 2A to the 2003 Act.
(2A)Article 13 comes into operation on such day as the Secretary of State may by order appoint.
(3)The other provisions of this Order come into operation one month after the day on which it is made.
Article 2Interpretation#
(1)The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2)In this Order “the 2003 Act” means the Police (Northern Ireland Act 2003 (c. 6).
Designation of police support staff
Article 3Investigating officers#
Schedule 1 contains amendments to Part 1 of Schedule 2 to the 2003 Act relating to investigating officers.
Article 4Detention officers#
Schedule 2 contains amendments to Part 2 of Schedule 2 to the 2003 Act relating to detention officers.
Article 5Escort officers#
Schedule 3 contains amendments to Part 3 of Schedule 2 to the 2003 Act relating to escort officers.
Article 7Community support officers#
(1)The 2003 Act is amended as set out in paragraphs (2) to (8).
(2)After section 30 insert—“30A 1 The Chief Constable may designate a member of the police support staff as a community support officer.2 The Chief Constable may designate a person under this section only if he is satisfied that—a the person is a suitable person to carry out the functions of a community support officer;b the person is capable of effectively carrying out those functions; andc the person has received adequate training in the carrying out of those functions.3 A person designated under this section has, by virtue of the designation, the powers and duties set out in Schedule 2A (and references in any statutory provision to the powers and duties conferred or imposed on him by his designation shall be construed accordingly).4 A person designated under this section is not authorised or required by virtue of his designation to engage in any conduct otherwise than in the course of his employment as a member of the police support staff.5 Where any power conferred on a person by his designation under this section is a power which, if exercised by a police officer, includes or is supplemented by a power to use reasonable force, the designated person has the same entitlement to use reasonable force in exercising that power as a police officer would have if the power were exercised by him.6 Where any power conferred on a person by his designation under this section includes power to use force to enter any premises, that power is exercisable by the person only—a in the company of a police officer and under the supervision of a police officer; orb for the purpose of saving life or limb or preventing serious damage to property.7 A power exercisable by any person in reliance on his designation under this section shall be exercisable only when he is wearing such uniform as may be—a determined or approved for the purposes of this section by the Chief Constable; andb identified or described in the designation.8 The Secretary of State may by order amend Schedule 2A.”
(3)In section 33(1) and (4) after “30” insert “ , 30A ”.
(4)In section 34(1)(a) and (3) after “30” insert “ , 30A ”.
(5)In section 35(1)(a) and (b) after “30” insert “ or 30A ”.
(6)In section 36(1) and (2) after “30” insert “ , 30A ”.
(7)In section 37(1) and (3) after “30” insert “ , 30A ”.
(8)After Schedule 2 insert the Schedule set out in Schedule 5 to this Order.
(9)In Article 66(8A) and (9)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) after “30” insert “ , 30A ”.
(10)In sections 66(3B) and 67(6) of the Police (Northern Ireland) Act 1998 (c. 32) after “30” insert “ , 30A ”.
(11)In section 101(5A) and (7A) of the Terrorism Act 2000 (c. 12) after “30” insert “ , 30A ”.
Recruitment
Article 8Recruitment of police trainees#
(1)The Police (Northern Ireland) Act 2000 (c. 32) is amended in accordance with paragraphs (2) to (5).
(2)In section 46 (discrimination in appointments) for subsections (1) and (2) substitute—“1 Subject to subsection (2), in making appointments under section 39 on any occasion, the Chief Constable shall proceed as set out in subsections (1A) to (1F).1A He shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) an even number of persons of whom—a one half shall be persons who are treated as Roman Catholic; andb one half shall be persons who are not so treated.1B Where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person—a is physically and mentally fitted for appointment; andb is not unsuitable for appointment;the Chief Constable shall confirm the appointment.1C Subsections (1D), (1E) and (1F) apply where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person—a is not physically and mentally fitted for appointment; orb is unsuitable for appointment.1D The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect.1E The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) a person to replace the unsuccessful applicant being a person who—a is treated as Roman Catholic, where the unsuccessful applicant was so treated; orb is not so treated, where the unsuccessful applicant was not so treated.1F Subsections (1B) to (1E) apply in relation to a person provisionally appointed under subsection (1E) as they apply in relation to a person provisionally appointed under subsection (1A).1G In subsections (1B) and (1C) references to a person being “physically and mentally fitted for appointment” and “unsuitable for appointment” have such meanings as may be prescribed by regulations under section 41(3).2 The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of the preceding subsections in their application to the making of appointments under section 39 on any occasion specified in the order.”
(3)In section 46—
(a)in subsection (3)(a) for “subsection (1) (as originally enacted)” substitute “ subsections (1) to (1F) ”;
(b)in subsection (8) for “subsections (1), (4) and (5)” substitute “ this section ”.
(4)After section 41(3) (regulations as to police trainees) insert—“3A Regulations under subsection (3) may make provision as to qualifications and suitability for appointment as a police trainee or police reserve trainee; and such regulations may in particular make provision—a imposing requirements as to nationality, age, skills, competencies and physical and mental fitness;b as to the grounds on which a person is ineligible for appointment.”
(5)In section 44(5) (formation of pool of qualified applicants) omit “qualified” and for “section 46(1)” substitute “ section 46(1A) and (1E) ”.
(6)In each of the following (which provide an exception for acts in compliance with section 46(1) of the Police (Northern Ireland) Act 2000)—
(a)Article 71A(1) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21);
(b)Article 40A(1) of the Race Relations (Northern Ireland) Order 1997 (NI 6),
for “section 46(1)” substitute “ section 46(1) to (1F) ”.
Article 9Recruitment of police support staff#
(1)The Police (Northern Ireland) Act 2000 (c. 32) is amended in accordance with paragraphs (2) to (5).
(2)After section 4(3) (appointment of certain police support staff) insert—“3A Regulations may make provision as to the suitability for appointment under subsection (3) of persons who are so appointed with a view to their being designated under section 30 or 30A of the Police (Northern Ireland) Act 2003.3B Before making regulations under subsection (3), the Secretary of State shall consult—a the Board;b the Chief Constable;c the Police Association; andd any other person or body appearing to him to have an interest in the matter.”
(3)In section 46 (discrimination in appointments) for subsections (5) and (6) substitute—“5 Subject to subsection (6), in making appointments to relevant posts in the police support staff under subsection (3) of section 4 on any occasion, the Chief Constable (acting by virtue of subsection (5) of that section) shall proceed as set out in subsections (5A) to (5F).5A He shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) an even number of persons of whom—a one half shall be persons who are treated as Roman Catholic; andb one half shall be persons who are not so treated.5B Where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person—a is physically and mentally fitted for appointment; andb is not unsuitable for appointment;the Chief Constable shall confirm the appointment.5C Subsections (5D), (5E) and (5F) apply where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person—a is not physically and mentally fitted for appointment; orb is unsuitable for appointment.5D The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect.5E The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) a person to replace the unsuccessful applicant being a person who—a is treated as Roman Catholic, where the unsuccessful applicant was so treated; orb is not so treated, where the unsuccessful applicant was not so treated.5F Subsections (5B) to (5E) apply in relation to a person provisionally appointed under subsection (5E) as they apply in relation to a person provisionally appointed under subsection (5A).6 The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of subsections (5) to (5F) in their application to the making of appointments under section 4(3) on any occasion specified in the order.”
(4)In section 46(7) for “subsection (5) (as originally enacted)” substitute “ subsections (5) to (5F) ”.
(5)In section 44(6) (formation of pool of qualified applicants) omit “qualified” and for “section 46(5)” substitute “ section 46(5A) and (5E) ”.
(6)In each of the following (which provide an exception for acts in compliance with section 46(5) of the Police (Northern Ireland) Act 2000)—
(a)Article 71A(2) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21);
(b)Article 40A(2) of the Race Relations (Northern Ireland) Order 1997 (NI 6),
for “section 46(5)” substitute “ section 46(5) to (5F) ”.
Appointment of constables with special policing skills
Article 10Appointment of constables with special policing skills#
(1)Subsections (1) to (5) of section 23 of the 2003 Act (which, in accordance with subsection (6) of that section, have expired) shall again come into force on the date on which this Article comes into operation.
(2)In subsection (6) of that section for “this Act is passed” substitute “ Article 10 of the Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 comes into operation ”.
Police Ombudsman: investigation following acquittal
Article 11Investigation by Police Ombudsman following acquittal#
(1)After section 86 of the Criminal Justice Act 2003 (c. 44) insert—“86A 1 Sections 85 and 86 apply in relation to an investigation by an officer of the Police Ombudsman for Northern Ireland with the following modifications.2 References in sections 85(2) and (3) and 86(1) to an officer shall be read as references to an officer of the Ombudsman.3 Section 85(4) has effect as if for the words from “an officer who” to the end there were substituted “ the Ombudsman ”.4 Section 85(5) has effect as if for “An officer” there were substituted “ The Ombudsman ”.4 Section 85(7) does not apply.6 Section 86(3) has effect as if for “An officer of the rank of superintendent or above” there were substituted “ A senior officer of the Ombudsman ”.7 Section 86(6) has effect as if for “an officer of the rank of superintendent or above” there were substituted “ a senior officer of the Ombudsman ”.8 References to a senior officer of the Ombudsman are to an officer of the rank of senior investigating officer or above.”
(2)In section 56 of the Police (Northern Ireland) Act 1998 (c. 32) after subsection (1) insert—“1A Where an investigation is authorised by virtue of section 85 (read with section 86A) of the Criminal Justice Act 2003 (investigation of the commission of certain offences by persons acquitted), the Ombudsman shall appoint an officer of the Ombudsman to conduct the investigation.”
Schedule 1 · Investigating officers
(1)Part 1 of Schedule 2 to the 2003 Act is amended as follows.
(2)After paragraph 2 insert—“2A Where a designation applies this paragraph to any person—a the persons to whom a warrant may be addressed under section 25 of the Theft Act (Northern Ireland) 1969 (search for stolen goods) shall include that person; andb in relation to such a warrant addressed to him, that person shall have the powers under subsection (3) of that section.2B Where a designation applies this paragraph to any person, subsection (3), and (to the extent that it applies subsection (3)) subsection (3A), of section 23 of the Misuse of Drugs Act 1971 (powers to search and obtain evidence) shall have effect as if the reference to a constable included a reference to that person.”
(3)In paragraph 6 (access and copying in case of things seized by constables) after “by a constable” insert “ or by a person authorised to accompany him under Article 18(2) of that Order ”.
(4)In paragraph 8 (power to transfer persons into custody of investigating officers) in sub-paragraph (3)—
(a)in paragraph (b) after “duty” insert “ to keep that person under control and ”;
(b)in paragraph (c) at the end add “ and under his control ”.
(5)After paragraph 8 insert—““8A Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—a to assist any officer or other designated person to keep any person detained at the police station under control; andb to prevent the escape of any such person,and for those purposes shall be entitled to use reasonable force.”
(6)After paragraph 10 insert—“10A 1 This paragraph applies where a person (“an authorised person”) is authorised by virtue of Article 18(2) of the 1989 Order to accompany an investigating officer designated for the purposes of paragraph 2 (or 3) in the execution of a warrant.2 The reference in paragraph 2(h) (or 3(g)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order.3 In relation to any such seizure, paragraph 2(h) (or 3(g)) is to be read as if it provided for the references to a constable in Article 23(1) and (2) of the 1989 Order to include references to the authorised person.4 The reference in paragraph 2(i) (or 3(h)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order.5 In relation to anything so seized, paragraph 2(i)(ii) (or 3(h)(ii)) is to be read as if it provided for—a the references to the supervision of a constable in paragraphs (3) and (4) of Article 23 of the 1989 Order to include references to the supervision of a person designated for the purposes of paragraph 2 (or paragraph 3), andb the reference to a constable in paragraph (5) of that Article to include a reference to such a person or an authorised person accompanying him.6 Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 10, the references in sub-paragraphs (1)(a) and (b) of that paragraph to the designated person include references to the authorised person.”
Schedule 2 · Detention officers
(1)Part 2 of Schedule 2 to the 2003 Act is amended as follows.
(2)After paragraph 20 insert—“20A Where a designation applies this paragraph to any person—a he shall, at any police station, have the powers of a constable under Article 61A of the 1989 Order (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; andb the requirement by virtue of Article 61A(5)(a) of the 1989 Order that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.20B Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—a to keep under control any person detained at the police station and for whom he is for the time being responsible;b to assist any officer or other designated person to keep any other person detained at the police station under control; andc to prevent the escape of any such person as is mentioned in sub-paragraph (a) or (b),and for those purposes shall be entitled to use reasonable force.20C Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when—a securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station, orb escorting within a police station, or assisting an officer or another designated person to escort within a police station, a person detained there.20D Where a designation applies this paragraph to any person, he is authorised to carry out the duty under—a Article 56 of the 1989 Order of informing a person who is to be subject to an intimate search under that Article of the matters of which he is required to be informed in pursuance of paragraph (3B) of that Article;b Article 56A of that Order of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that Article of the matters of which he is required to be informed in pursuance of paragraph (3) of that Article.”
Schedule 3 · Escort officers
(1)Part 3 of Schedule 2 to the 2003 Act is amended as follows.
(2)
(1)Paragraph 22 (power to take arrested person to a police station) is amended as follows.
(2)In sub-paragraph (1)(c)—
(a)in paragraph (ii) after “duty” insert “ to keep that person under control and ”;
(b)in paragraph (iii) at the end add “ and under his control ”.
(3)After sub-paragraph (1)(c) add—“d a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)—i shall be under a duty to remain at the police station until he has transferred control of the other person to the custody officer at the police station;ii until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;iii for so long as he is at the police station or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (i), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; andiv shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii).”
(3)
(1)Paragraph 23 (escort of persons in police detention) is amended as follows.
(2)In sub-paragraph (2)—
(a)in paragraph (b) after “duty” insert “ to keep that person under control and ”;
(b)in paragraph (c) at the end add “ and under his control ”.
(3)After sub-paragraph (2) insert—“2A A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1)—a shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person;b until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;c for so long as he is at the police station or other place or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; andd shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c).”
Schedule 5 · Schedule to be inserted as schedule 2A to the 2003 act
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