The Police and Criminal Evidence (Northern Ireland) Order 1989

• Citation: S.I. 1989/1341 (N.I.)
• Sections: 184

Section 1 Title and commencement

(1) This Order may be cited as the Police and Criminal Evidence (Northern Ireland) Order 1989.

(2) This Article and Articles 2, 29(4), 60(a), 65, 66 and 89 shall come into operation on the expiration of one month from the day on which the Order is made.

(3) The other provisions of this Order shall come into operation on such day or days as the Secretary of State may by order appoint .

(4) An order under paragraph (3) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.

Section 2 General interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“designated police station” has the meaning assigned to it by Article 36;

“document” means anything in which information of any description is recorded ;

“intimate search” means a search which consists of the physical examination of a person's body orifices;

“items subject to legal privilege” has the meaning assigned to it by Article 12;

“parent or guardian” means—

Sub‐para. (a) rep. by 1995 NI 2

in the case of a child ... in the care of a ... Health and Social Care trust , that ... Health and Social Care trust ;

Definitions rep. by 2000 c. 32

“premises” has the meaning assigned to it by Article 25;

“recordable offence” means any offence to which regulations under Article 29 apply;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“statutory provision” has the meaning given in section 1( f ) of the Interpretation Act (Northern Ireland) 1954 ;

“the terrorism provisions” means sections 41 and 43B of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;

“terrorism” has the meaning given in section 1 of that Act.

“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.

(3) Subject to paragraphs (4) and (4A) , a person is in police detention for the purposes of this Order if—

(a) he has been taken to a police station after being arrested for an offence or after being arrested under section 41 or 43B of the Terrorism Act 2000 or section 27 of the National Security Act 2023 ; or

(b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it, or

(c) he is arrested at a police station after being taken to the station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953,

and is detained there or is detained elsewhere in the charge of a constable.

(4) A person—

(a) who is at a court after being charged; or

(b) who has been taken from a custodial establishment and held in police custody pending his appearance at a court,

is not in police detention for those purposes.

(4A) Where a person is in another's lawful custody by virtue of paragraph 8, 22(1) or 23(2) of Schedule 2 to the Police (Northern Ireland) Act 2003, he shall be treated as being in police detention for the purposes of this Order.

(5) In this Order “custodial establishment” includes a prison, a young offenders centre, a juvenile justice centre and a remand centre.

Section 3 Power of constable to stop and search persons, vehicles etc.

(1) A constable may exercise any power conferred by this Article—

(a) in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or

(b) in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

(2) Subject to paragraphs (3) to (5), a constable—

(a) may search—

(i) any person or vehicle;

(ii) anything which is in or on a vehicle,

for stolen or prohibited articles , any article to which paragraph (9) applies or any firework to which paragraph (9A) applies ; and

(b) may detain a person or vehicle for the purpose of such a search.

(3) This Article does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles , any article to which paragraph (9) applies or any firework to which paragraph (9A) applies .

(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this Article unless the constable has reasonable grounds for believing—

(a) that he does not reside in the dwelling; and

(b) that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this Article unless he has reasonable grounds for believing—

(a) that the person in charge of the vehicle does not reside in the dwelling; and

(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article , an article to which paragraph (9) applies or a firework to which paragraph (9A) below applies , he may seize it.

(7) An article is prohibited for the purposes of this Part if it is—

(a) an offensive weapon; or

(b) an article—

(i) made or adapted for use in the course of or in connection with an offence to which this sub‐paragraph applies; or

(ii) intended by the person having it with him for such use by him or by some other person.

(8) The offences to which sub‐paragraph (b) of paragraph (7) applies are—

(a) burglary;

(b) theft;

(c) offences under section 12(2) of the Theft Act (Northern Ireland) 1969 (taking of vehicles and other conveyances without authority);

(d) fraud (contrary to section 1 of the Fraud Act 2006).

(e) offences under Article 172 of the Road Traffic (Northern Ireland) Order 1981 (taking of motor vehicle, etc. without owner's consent or authority) ;and

(f) offences under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (NI 4) (destroying or damaging property).

(9) This paragraph applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place).

(9A) This paragraph applies to any firework within the meaning of the Explosives (Fireworks) Regulations (Northern Ireland) 2002 ( SR 2002 No. 147) which a person possesses in contravention of those Regulations.

(10) In this Part “offensive weapon” means any article—

(a) made or adapted for use for causing injury to persons; or

(b) intended by the person having it with him for such use by him or by some other person.

Section 4 Provisions relating to search under Article 3 and other powers

(1) A constable who detains a person or vehicle in the exercise—

(a) of the power conferred by Article 3; or

(b) of any other power—

(i) to search a person without first arresting him; or

(ii) to search a vehicle without making an arrest,

need not conduct a search if it appears to him subsequently—

(i) that no search is required; or

(ii) that a search is impracticable.

(2) If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—

(a) of the power conferred by Article 3; or

(b) of any other power, except a power conferred by any of the provisions referred to in paragraph (3)—

(i) to search a person without first arresting him; or

(ii) to search a vehicle without making an arrest,

it shall be his duty, subject to paragraph (5), to take reasonable steps before he commences the search to bring to the attention of the appropriate person—

(i) if the constable is not in uniform, documentary evidence that he is a constable; and

(ii) whether he is in uniform or not, the matters specified in paragraph (4);

and the constable shall not commence the search until he has performed that duty.

(3) The provisions referred to for the purposes of paragraph (2)(b) are—

(a) Article 8,

(b) sections 85, 95 and 116 of and Schedule 10 to the Terrorism Act 2000, and

(c) section 27(2) of the Aviation Security Act 1982 .

(4) The matters referred to in paragraph (2)(ii) are—

(a) the constable's name and police number and the name of the police station to which he is attached;

(b) the object of the proposed search;

(c) the constable's grounds for proposing to make it; and

(d) the effect of Article 5(7) or (8), as may be appropriate.

(5) A constable need not bring the effect of Article 5(7) or (8) to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in Article 5(1).

(6) In this Article “the appropriate person” means—

(a) if the constable proposes to search a person, that person; and

(b) if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.

(7) On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in paragraph (2), other than a search under any of the provisions mentioned in paragraph (3), a constable shall leave a notice—

(a) stating that the vehicle has been searched by the police;

(b) giving his name and police number and the name of the police station to which he is attached;

(c) stating that an application for compensation for any damage caused by the search may be made to that police station; and

(d) stating the date on which the search was carried out and the effect of Article 5(8).

(8) The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.

(9) The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(10) Neither the power conferred by Article 3 nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed—

(a) as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves; or

(b) as authorising a constable not in uniform to stop a vehicle.

(11) This Article and Article 3 apply to vessels, aircraft and hovercraft as they apply to vehicles.

Section 5 Duty to make records concerning searches

(1) Where a constable has carried out a search in the exercise of any such power as is mentioned in Article 4(2), other than a search under a power conferred by any of the provisions mentioned in Article 4(3), he shall make a record of it in writing unless it is not practicable to do so.

(2) If—

(a) a constable is required by paragraph (1) to make a record of a search; but

(b) it is not practicable to make the record on the spot,

he shall make it as soon as practicable after the completion of the search.

(3) The record of a search of a person shall include a note of his name, if the constable knows it, but a constable may not detain a person to find out his name.

(4) If a constable does not know the name of a person whom he has searched, the record of the search shall include a note otherwise describing that person.

(5) The record of a search of a vehicle shall include a note describing the vehicle.

(6) The record of a search of a person or a vehicle—

(a) shall state—

(i) the object of the search;

(ii) the grounds for making it;

(iii) the date and time when it was made;

(iv) the place where it was made;

(v) whether anything, and if so what, was found;

(vi) whether any, and if so what, injury to a person or damage to property appears to the constable to have resulted from the search; and

(b) shall identify by reference to his name and police number the constable making it.

(7) If a constable who conducted a search of a person made a record of it, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in paragraph (9).

(8) If—

(a) the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asks for a copy of the record of the search before the end of the period specified in paragraph (9); and

(b) the constable who conducted the search made a record of it,

the person who made the request shall be entitled to a copy.

(9) The period mentioned in paragraphs (7) and (8) is the period of 12 months beginning with the date on which the search was made.

(10) The requirements imposed by this Article with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.

Section 6 Road checks

(1) This Article shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying—

(a) a person who has committed an offence other than a road traffic offence or a vehicle excise offence;

(b) a person who is a witness to such an offence;

(c) a person intending to commit such an offence; or

(d) a person who is unlawfully at large.

(2) For the purposes of this Article a road check consists of the exercise in a locality of the power conferred by Article 180(1) of the Road Traffic (Northern Ireland) Order 1981 in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by any criterion.

(3) Subject to paragraph (5), there may only be such a road check if a police officer of the rank of superintendent or above authorises it in writing.

(4) An officer may only authorise a road check under paragraph (3)—

(a) for the purpose specified in paragraph (1)(a), if he has reasonable grounds—

(i) for believing that the offence is an indictable offence ; and

(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;

(b) for the purpose specified in paragraph (1)(b), if he has reasonable grounds for believing that the offence is an indictable offence ;

(c) for the purpose specified in paragraph (1)(c), if he has reasonable grounds—

(i) for believing that the offence would be an indictable offence ; and

(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;

(d) for the purpose specified in paragraph (1)(d), if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality.

(5) An officer below the rank of superintendent may authorise such a road check if it appears to him that it is required as a matter of urgency for one of the purposes specified in paragraph (1).

(6) If an authorisation is given under paragraph (5), it shall be the duty of the officer who gives it—

(a) to make a written record of the time at which he gives it; and

(b) to cause an officer of the rank of superintendent or above to be informed that it has been given.

(7) The duties imposed by paragraph (6) shall be performed as soon as it is practicable to do so.

(8) An officer to whom a report is made under paragraph (6) may, in writing, authorise the road check to continue.

(9) If such an officer considers that the road check should not continue, he shall record in writing—

(a) the fact that it took place; and

(b) the purpose for which it took place.

(10) An officer giving an authorisation under this Article shall specify the locality in which vehicles are to be stopped.

(11) An officer giving an authorisation under this Article, other than an authorisation under paragraph (5)—

(a) shall specify a period, not exceeding seven days, during which the road check may continue; and

(b) may direct that the road check—

(i) shall be continuous; or

(ii) shall be conducted at specified times,

during that period.

(12) If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.

(13) Every written authorisation shall specify—

(a) the name of the officer giving it;

(b) the purpose of the road check; and

(c) the locality in which vehicles are to be stopped.

(14) The duties to specify the purposes of a road check imposed by paragraphs (9) and (13) include duties to specify any relevant indictable offence .

(15) Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.

(16) Nothing in this Article affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in paragraph (1).

Section 7 Reports of recorded searches and of road checks

(1) Every annual report under section 58(1) of the Police (Northern Ireland) Act 2000 shall contain information—

(a) about searches recorded under Article 5 which have been carried out during the period to which it relates; and

(b) about road checks authorised during that period under Article 6.

(2) The information about searches shall not include information about specific searches but shall include—

(a) the total numbers of searches in each month during the period to which the report relates—

(i) for stolen articles;

(ii) for offensive weapons or articles to which Article 3(9) applies; and

(iii) for other prohibited articles;

(b) the total number of persons arrested in each such month in consequence of searches of each of the descriptions specified in sub‐paragraph (a)(i) to (iii).

(3) The information about road checks shall include information—

(a) about the reason for authorising each road check; and

(b) about the result of each of them.

Section 8 Statutory undertakers etc.

(1) A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.

(2) In this Article “goods area” means any area used wholly or mainly for the storage or handling of goods.

Section 9 Part II—supplementary

(1) Section 19 of the Pedlars Act 1871 shall cease to have effect.

(2) There shall also cease to have effect so much of any provision contained in an Act passed before the coming into operation of this Part, other than—

(a) a provision contained in any public general Act; or

(b) a provision relating to statutory undertakers,

as confers on a constable a power to search for stolen or unlawfully obtained goods.

(3) In this Part “statutory undertakers” means persons authorised by any enactment to carry on any . . . , dock or harbour undertaking or an airport operator (within the meaning of the Airports (Northern Ireland) Order 1994) authorised under Article 19 of that Order .

Section 10 Power of justice of the peace to authorise entry and search of premises

(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a) that an indictable offence has been committed; and

(b) that there is material on premises mentioned in paragraph (1A) which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

(c) that the material is likely to be relevant evidence; and

(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(e) that any of the conditions specified in paragraph (3) applies in relation to each set of premises specified in the application ,

he may issue a warrant authorising a constable to enter and search the premises.

(1A) The premises referred to in paragraph (1)(b) are—

(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B) If the application is for an all premises warrant, the lay magistrate must also be satisfied—

(a) that because of the particulars of the offence referred to in sub-paragraph (a) of paragraph (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in sub-paragraph (b) of that paragraph; and

(b) that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.

(1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the lay magistrate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(2) A constable may seize and retain anything for which a search has been authorised under paragraph (1).

(3) The conditions mentioned in paragraph (1)(e) are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c) that entry to the premises will not be granted unless a warrant is produced;

(d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4) In this Order “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5) The power to issue a warrant conferred by this Article is in addition to any such power otherwise conferred.

(6) This Article applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to an indictable offence .

Section 11 Special provisions as to access

(1) A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 and in accordance with that Schedule.

(2) Subject to paragraph (3), any statutory provision passed or made before the making of this Order under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—

(a) for items subject to legal privilege; or

(b) for excluded material; or

(c) for special procedure material consisting of documents or records other than documents.

(3) Nothing in this Article or in Schedule 1 shall affect the powers conferred by sections 37 and 38 of, and Schedules 5 and 6 to, the Terrorism Act 2000 .

Section 12 Meaning of “items subject to legal privilege”

(1) Subject to paragraph (2), in this Order “items subject to legal privilege” means—

(a) communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b) communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c) items enclosed with or referred to in such communications and made—

(i) in connection with the giving of legal advice; or

(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of them.

(2) Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.

Section 13 Meaning of “excluded material”

(1) Subject to the following provisions of this Article, in this Order “excluded material” means—

(a) personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;

(b) human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;

(c) journalistic material which a person holds in confidence and which consists—

(i) of documents; or

(ii) of records other than documents.

(2) A person holds material other than journalistic material in confidence for the purposes of this Article if he holds it subject—

(a) to an express or implied undertaking to hold it in confidence; or

(b) to a restriction on disclosure or an obligation of secrecy contained in any statutory provision, including a statutory provision passed or made after the making of this Order.

(3) A person holds journalistic material in confidence for the purposes of this Article if—

(a) he holds it subject to such an undertaking, restriction or obligation; and

(b) it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.

Section 14 Meaning of “personal records”

In this Part “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating—

(a) to his physical or mental health;

(b) to spiritual counselling or assistance given or to be given to him; or

(c) to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who—

(i) by reason of his office or occupation has responsibilities for his personal welfare; or

(ii) by reason of an order of a court has responsibilities for his supervision.

Section 15 Meaning of “journalistic material”

(1) Subject to paragraph (2), in this Order “journalistic material” means material acquired or created for the purposes of journalism.

(2) Material is only journalistic material for the purposes of this Order if it is in the possession of a person who acquired or created it for the purposes of journalism.

(3) A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.

Section 16 Meaning of “special procedure material”

(1) In this Order “special procedure material” means—

(a) material to which paragraph (2) applies; and

(b) journalistic material, other than excluded material.

(2) Subject to the following provisions of this Article, this paragraph applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—

(a) acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and

(b) holds it subject—

(i) to an express or implied undertaking to hold it in confidence; or

(ii) to a restriction or obligation such as is mentioned in Article 13(2)(b).

(3) Where material is acquired—

(a) by an employee from his employer and in the course of his employment; or

(b) by a company from an associated company,

it is only special procedure material if it was special procedure material immediately before the acquisition.

(4) Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.

(5) Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.

(6) A company is to be treated as another's associated company for the purposes of this Article if it would be so treated under section 449 of the Corporation Tax Act 2010 .

Section 17 Search warrants—safeguards

(1) This Article and Article 18 have effect in relation to the issue to constables under any statutory provision, including a statutory provision passed or made after the making of this Order, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless the warrant complies with this Article and is executed in accordance with Article 18.

(2) Where a constable applies for any such warrant, it shall be his duty—

(a) to state—

(i) the ground on which he makes the application; . . .

(ii) the statutory provision under which the warrant would be issued; and

(iii) if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;

(b) to specify the matters set out in paragraph (2A); and

(c) to identify, so far as is practicable, the articles or persons to be sought.

(2A) The matters which must be specified pursuant to paragraph (2)(b) are—

(a) if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;

(b) if the application relates to any premises occupied or controlled by a person specified in the application,—

(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;

(iii) why it is necessary to search more premises than those specified under head (i); and

(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search.

(3) An application for such a warrant shall be supported by a complaint in writing and substantiated on oath.

(4) The constable shall answer any question that the justice of the peace or judge hearing the application asks him.

(5) A warrant shall authorise an entry on one occasion only unless it specifies that it authorises multiple entries .

(5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

(6) A warrant—

(a) shall specify—

(i) the name of the person who applies for it;

(ii) the date on which it is issued;

(iii) the statutory provision under which it is issued; and

(iv) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and

(b) shall identify, so far as is practicable, the articles or persons to be sought.

(7) Two copies shall be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.

(8) The copies shall be clearly certified as copies by the justice of the peace or judge who issues the warrant.

Section 18 Execution of warrants

(1) A warrant to enter and search premises may be executed by any constable.

(2) Such a warrant may authorise persons to accompany any constable who is executing it.

(2A) A person so authorised has the same powers as the constable whom he accompanies in respect of—

(a) the execution of the warrant; and

(b) the seizure of anything to which the warrant relates.

(2B) But he may exercise those powers only in the company of, and under the supervision of, a constable.

(3) Entry and search under a warrant must be within 3 months from the date of its issue.

(3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.

(3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.

(4) Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

(5) Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable—

(a) shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable;

(b) shall produce the warrant to him; and

(c) shall supply him with a certified copy of it.

(6) Where—

(a) the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but

(b) some other person who appears to the constable to be in charge of the premises is present,

paragraph (5) shall have effect as if any reference to the occupier were a reference to that other person.

(7) If there is no person present who appears to the constable to be in charge of the premises, he shall leave or affix a copy of the warrant in a prominent place on the premises.

(8) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

(9) A constable executing a warrant shall make an endorsement on it stating—

(a) whether the articles or persons sought were found; and

(b) whether any articles were seized, other than articles which were sought.

and, unless the warrant is a warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement.

(10) A warrant shall be returned to the appropriate person mentioned in paragraph (10A)—

(a) when it has been executed; or

(b) in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of 3 months referred to in paragraph (3) or sooner.

(10A) The appropriate person is—

(a) if the warrant was issued by a lay magistrate, the clerk of petty sessions ... ;

(b) if it was issued by a judge, the appropriate officer of the court from which he issued it.

(11) A warrant which is returned under paragraph (10) shall be retained for 12 months from its return.

(12) If during the period for which a warrant is to be retained the occupier of premises to which it relates asks to inspect it, he shall be allowed to do so.

Section 19 Entry for purpose of arrest etc.

(1) Subject to the following provisions of this Article, and without prejudice to any other statutory provision, a constable may enter and search any premises for the purpose—

(a) of executing—

(i) a warrant of arrest issued in connection with or arising out of criminal proceedings; or

(ii) a warrant of commitment issued under Article 92 of the Magistrates' Courts (Northern Ireland) Order 1981 ;

; or

(iii) a warrant of commitment issued under section 9(1)(i) of the Justice Act (Northern Ireland) 2016 (default by debtor);

(b) of arresting a person for an indictable offence;

(ba) of arresting a person for an offence under Article 15 of the Road Traffic (Northern Ireland) Order 1995 (driving while under influence of drink or drugs) or Article 180(1) of the Road Traffic (Northern Ireland) Order 1981 ( NI 1);

(bb) of arresting a person for an offence to which Article 42(8) of the Diseases of Animals (Northern Ireland) Order 1981 applies;

(c) of arresting a person for an offence under—

(i) section 42 of the Offences against the Person Act 1861 (c. 100);

(ii) Article 18(3) or 21 of the Public Order (Northern Ireland) Order 1987 ( NI 7);

(iii) Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 ( NI 9);

(iv) Article 25 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ( NI 6);

(ca) of recapturing a person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained in a prison, young offenders centre, juvenile justice centre or in any other place in pursuance of Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 ;

(cb) of arresting a person in pursuance of section 49(1) of the Prison Act 1952 or section 40(1) of the Prisons (Scotland) Act 1989;

(d) of recapturing a person who is unlawfully at large and whom he is pursuing; or

(e) of saving life or limb or preventing serious damage to property.

(2) Except for the purpose specified in paragraph (1)(e), the powers of entry and search conferred by this Article—

(a) are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and

(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—

(i) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.

(3) The power of search conferred by this Article is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(4) Subject to paragraph (5), all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.

(5) Nothing in paragraph (4) affects any power of entry to deal with or prevent a breach of the peace.

Section 20 Entry and search after arrest

(1) Subject to the following provisions of this Article, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—

(a) to that offence; or

(b) to some other indictable offence which is connected with or similar to that offence.

(2) A constable may seize and retain anything for which he may search under paragraph (1).

(3) The power to search conferred by paragraph (1) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(4) Subject to paragraph (5), the powers conferred by this Article may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.

(5) A constable may conduct a search under paragraph (1)—

(a) before the person is taken to a police station or released on bail under Article 32A; and

(b) without obtaining an authorisation under paragraph (4),

if the condition in paragraph (5A) is satisfied.

(5A) The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.

(6) If a constable conducts a search by virtue of paragraph (5), he shall inform an officer of the rank of inspector or above that he has made the search as soon as practicable after he has made it.

(7) An officer who—

(a) authorises a search; or

(b) is informed of a search under paragraph (6),

shall make a record in writing—

(i) of the grounds for the search; and

(ii) of the nature of the evidence that was sought.

(8) If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the officer shall make the record as part of his custody record.

(9) In the application of this Article to a member of a constabulary not maintained by the Police Authority, references to an officer of the rank of inspector or above shall be construed as references to a member of that constabulary whose rank is above that of constable.

Section 21 General power of seizure etc.

(1) The powers conferred by paragraphs (2), (3) and (4) are exercisable by a constable who is lawfully on any premises.

(2) The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence; and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a) that it is evidence in relation to an offence which he is investigating or any other offence; and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered or destroyed.

(4) The constable may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form if he has reasonable grounds for believing—

(a) that—

(i) it is evidence in relation to an offence which he is investigating or any other offence; or

(ii) it has been obtained in consequence of the commission of an offence; and

(b) that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.

(5) The powers conferred by this Article are in addition to any power otherwise conferred.

(6) No power of seizure conferred on a constable under any statutory provision (including a statutory provision passed or made after the making of this Order) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.

Section 22 Extension of powers of seizure to computerised information

(1) Every power of seizure which is conferred by a statutory provision to which this Article applies on a constable who has entered premises in the exercise of a power conferred by a statutory provision shall be construed as including a power to require any information stored in any electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form .

(2) This Article applies—

(a) to any statutory provision passed or made before the making of this Order;

(b) to Articles 10 and 20;

(c) to paragraph 10 of Schedule 1; and

(d) to any statutory provision passed or made after the making of this Order.

Section 23 Access and copying

(1) A constable who seizes anything in the exercise of a power conferred by any statutory provision, including a statutory provision passed or made after the making of this Order, shall, if so requested by a person showing himself—

(a) to be the occupier of premises on which it was seized; or

(b) to have had custody or control of it immediately before the seizure,

provide that person with a record of what he seized.

(2) The constable shall provide the record within a reasonable time from the making of the request for it.

(3) Subject to paragraph (8), if a request for permission to be granted access to anything which—

(a) has been seized by a constable; and

(b) is retained by the police for the purpose of investigating an offence,

is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of a constable.

(4) Subject to paragraph (8), if a request for a photograph or copy of any such thing is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the officer shall—

(a) allow the person who made the request access to it under the supervision of a constable for the purpose of photographing or copying it; or

(b) photograph or copy it, or cause it to be photographed or copied.

(5) A constable may also photograph or copy, or have photographed or copied, anything which he has power to seize, without a request being made under paragraph (4).

(6) Where anything is photographed or copied under paragraph (4)(b), the photograph or copy shall be supplied to the person who made the request.

(7) The photograph or copy shall be so supplied within a reasonable time from the making of the request.

(8) There is no duty under this Article to grant access to, or to supply a photograph or copy of, anything if the officer in charge of the investigation for the purposes of which it was seized has reasonable grounds for believing that to do so would prejudice—

(a) that investigation;

(b) the investigation of an offence other than the offence for the purposes of investigating which the thing was seized; or

(c) any criminal proceedings which may be brought as a result of—

(i) the investigation of which he is in charge; or

(ii) any such investigation as is mentioned in sub‐paragraph (b).

(9) The reference to a constable in paragraphs (1), (2), (3)(a) and (5) include a person authorised under Article 18(2) to accompany a constable executing a warrant.

Section 24 Retention

(1) Subject to paragraph (4), anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of Article 21 or 22 may be retained so long as is necessary in all the circumstances.

(2) Without prejudice to the generality of paragraph (1)—

(a) anything seized for the purposes of a criminal investigation may be retained, except as provided by paragraph (4)—

(i) for use as evidence at a trial for an offence; or

(ii) for forensic examination or for investigation in connection with an offence; and

(b) anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(3) Nothing seized on the ground that it may be used—

(a) to cause physical injury to any person;

(b) to damage property;

(c) to interfere with evidence; or

(d) to assist in escape from police detention or lawful custody,

may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.

(4) Nothing may be retained for either of the purposes mentioned in paragraph (2)(a) if a photograph or copy would be sufficient for that purpose.

(5) Nothing in this Article affects any power of a court to make an order under section 31 of the Police (Northern Ireland) Act 1998

(6) This Article also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.

(7) The reference in paragraph (1) to anything seized by a constable includes anything seized by a person authorised under Article 18(2) to accompany a constable executing a warrant.

Section 25 Meaning of “premises” etc.

In this Order—

“premises” includes any place and, in particular, includes—

any vehicle, vessel, aircraft or hovercraft;

any offshore installation; and

any tent or movable structure; and

“offshore installation” has the meaning given to it by section 1 of the Mineral Workings (Offshore Installations) Act 1971 .

Section 26 Arrest without warrant: constables

(1) A constable may arrest without a warrant—

(a) anyone who is about to commit an offence;

(b) anyone who is in the act of committing an offence;

(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3) If an offence has been committed, a constable may arrest without a warrant—

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by paragraph (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in paragraph (5) it is necessary to arrest the person in question.

(5) The reasons are—

(a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b) correspondingly as regards the person's address;

(c) to prevent the person in question—

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

(iii) causing loss of or damage to property;

(iv) committing an offence against public decency (subject to paragraph (6)); or

(v) causing an unlawful obstruction on a road (within the meaning of the Road Traffic (Northern Ireland) Order 1995 ( NI 18);

(d) to protect a child or other vulnerable person from the person in question;

(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6) Paragraph (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

Section 26A Arrest without warrant: other persons

(1) A person other than a constable may arrest without a warrant—

(a) anyone who is in the act of committing an indictable offence;

(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3) But the power of summary arrest conferred by paragraph (1) or (2) is exercisable only if—

(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in paragraph (4) it is necessary to arrest the person in question; and

(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4) The reasons are to prevent the person in question—

(a) causing physical injury to himself or any other person;

(b) suffering physical injury;

(c) causing loss of or damage to property; or

(d) making off before a constable can assume responsibility for him.

Section 27 General arrest conditions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 28 Repeal of statutory powers of arrest without warrant or order

(1) Subject to paragraph (2), so much of any statutory provision passed or made before the making of this Order as enables a constable by virtue of his office as such—

(a) to arrest a person for an offence without a warrant; or

(b) to arrest a person otherwise than for an offence without a warrant or an order of a court,

shall cease to have effect.

(2) Nothing in paragraph (1) shall affect the statutory provisions specified in Schedule 2.

Section 29 Fingerprinting of certain offenders

(1) If a person—

(a) has been convicted of a recordable offence;

(b) has not at any time been in police detention for the offence; and

(c) has not had his fingerprints taken—

(i) in the course of the investigation of the offence by the police; or

(ii) since the conviction,

any constable may at any time not later than one month after the date of the conviction require him to attend a police station in order that his fingerprints may be taken.

(1A) Where a person convicted of a recordable offence has already had his fingerprints taken as mentioned in sub-paragraph (c) of paragraph (1), that fact (together with any time when he has been in police detention for the offence) shall be disregarded for the purposes of that paragraph if—

(a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(1B) Paragraphs (1) and (1A) apply where a person has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted as they apply where a person has been convicted of an offence, and references in this Article to a conviction shall be construed accordingly.

(2) A requirement under paragraph (1)—

(a) shall give the person a period of at least 7 days within which he must so attend; and

(b) may direct him to so attend at a specified time of day or between specified times of day.

(3) Any constable may arrest without warrant a person who has failed to comply with a requirement under paragraph (1).

(4) The Department of Justice may by regulations make provision for recording—

(a) convictions for such offences as are specified in the regulations (“recordable offences”);

(b) cautions given in respect of recordable offences;

(c) informed warnings given in respect of recordable offences;

(d) diversionary youth conferences in respect of recordable offences.

(5) For the purposes of paragraph (4)—

(a) “ caution ” means a caution given to a person in respect of an offence which, at the time when the caution is given, the person has admitted;

(b) “ diversionary youth conference ” has the meaning given by Part 3A of the Criminal Justice (Children) (Northern Ireland) Order 1998.

Section 30 Information to be given on arrest

(1) Subject to paragraph (5), where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.

(2) Where a person is arrested by a constable, paragraph (1) applies regardless of whether the fact of the arrest is obvious.

(3) Subject to paragraph (5) and without prejudice to section 83(2) of the Terrorism Act 2000 , no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.

(4) Where a person is arrested by a constable, paragraph (3) applies regardless of whether the ground for the arrest is obvious.

(5) Nothing in this Article is to be taken to require a person to be informed—

(a) that he is under arrest; or

(b) of the ground for the arrest,

if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

Section 31 Voluntary attendance at police station etc.

(1) Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested—

(a) he shall be entitled to leave at will unless he is placed under arrest;

(b) he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.

(2) Where—

(a) a person is taken to a police station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953; and

(b) while he is there it appears to a constable that he is liable to arrest for an offence,

he shall be arrested for that offence.

Section 32 Arrest elsewhere than at police station

(1) Paragraph (1A) shall apply where a person is, at any place other than a police station—

(a) arrested by a constable for an offence; or

(b) taken into custody by a constable after being arrested for an offence by a person other than a constable.

(1A) The person must be taken by a constable to a police station as soon as practicable after the arrest.

(1B) Paragraph (1A) has effect subject to paragraph (10) and Article 32A.

(2) Subject to paragraphs (3) and (6), the police station to which an arrested person is taken under paragraph (1A) shall be a designated police station.

(3) A constable to whom this paragraph applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.

(4) Paragraph (3) applies—

(a) to a constable who is working in a locality covered by a police station which is not a designated police station; and

(b) to a constable belonging to a constabulary not maintained by the Policing Board .

(5) Any constable may take an arrested person to any police station if—

(a) either of the following conditions is satisfied—

(i) the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;

(ii) the constable has taken him into custody from a person other than a constable without the assistance of any other constable and no other constable is available to assist him; and

(b) it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.

(6) Any constable may take an arrested person to any police station if it appears to the constable that he will be unable to take the arrested person to a designated police station without exposing the arrested person or himself to an unacceptable risk of injury.

(7) If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless—

(a) he is released previously; or

(b) the arrest was made by a police officer and the continued detention at the first police station is authorised by an officer not below the rank of superintendent.

(8) For the purposes of paragraph (7)(b) such an officer may authorise the continued detention of a person at the first police station to which the person is taken only if that officer is satisfied on reasonable grounds that it would expose the person, and those accompanying him, to an unacceptable risk of injury if he were to be taken from the first police station.

(9) Where the continued detention of a person at the first police station is authorised under paragraph (8), the police officer who gave the authorisation shall—

(a) as soon as practicable thereafter, make a record of—

(i) the time at which the authorisation was given, and

(ii) the reasons for giving it; and

(b) revoke that authorisation as soon as he is satisfied that the reasons for giving it no longer apply.

(10) A person arrested by a constable at any place other than a police station must be released without bail if the condition in paragraph (10A) is satisfied.

(10A) The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under Article 32A.

(11) A constable who releases a person under paragraph (10) shall record the fact that he has done so.

(12) The constable shall make the record as soon as is practicable after the release.

(13) Nothing in paragraph (1A) or in Article 32A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in paragraph (13A) is satisfied.

(13A) The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(14) Where there is any such delay the reasons for the delay must be recorded when the person first arrives at a police station or (as the case may be) is released on bail.

(15) Nothing in paragraph (1A) or Article 32A shall be taken to affect—

(a) paragraph 16(3) or 18(1) of Schedule 2 to the Immigration Act 1971 ; ...

(b) any provision of the Terrorism Act 2000. ; or

(c) section 27 of and Schedule 6 to the National Security Act 2023.

(16) Nothing in paragraph (13) shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.

Section 32A Bail elsewhere than at police station

(1) A constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in Article 32(1).

(2) A person may be released on bail under paragraph (1) at any time before he arrives at a police station.

(3) A person released on bail under paragraph (1) must be required to attend a police station.

(4) No other requirement may be imposed on the person as a condition of bail.

(5) The police station which the person is required to attend may be any police station.

Section 32B Bail under Article 32A: notices

(1) Where a constable grants bail to a person under Article 32A, he must give that person a notice in writing before he is released.

(2) The notice must state—

(a) the offence for which he was arrested; and

(b) the ground on which he was arrested.

(3) The notice must inform him that he is required to attend a police station.

(4) It may also specify the police station which he is required to attend and the time when he is required to attend.

(5) If the notice does not include the information mentioned in paragraph (4), the person must subsequently be given a further notice in writing which contains that information.

(6) The person may be required to attend a different police station from that specified in the notice under paragraph (1) or (5) or to attend at a different time.

(7) He must be given notice in writing of such change as is mentioned in paragraph (6) but more than one such notice may be given to him.

Section 32C Bail under Article 32A: supplemental

(1) A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.

(2) If a person is required to attend a police station which is not a designated police station he must be—

(a) released; or

(b) taken to a designated police station,

not more than six hours after his arrival.

(3) Nothing in Part II of the Criminal Justice (Northern Ireland) Order 2003 (NI 13) (bail in criminal proceedings) applies in relation to bail under Article 32A.

(4) Nothing in Article 32A or 32B or in this Article prevents the re-arrest without a warrant of a person released on bail under Article 32A if new evidence justifying a further arrest has come to light since his release.

Section 32D Failure to answer to bail under Article 32A

(1) A constable may arrest without warrant a person who—

(a) has been released on bail under Article 32A subject to a requirement to attend a specified police station; but

(b) fails to attend the police station at the specified time.

(2) A person arrested under paragraph (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.

(3) In paragraph (1), “specified” means specified in a notice under paragraph (1) or (5) of Article 32B or, if notice of change has been given under paragraph (7) of that Article, in that notice.

(4) For the purposes of—

(a) Article 32 (subject to the obligation in paragraph (2)); and

(b) Article 33,

an arrest under this Article is to be treated as an arrest for an offence.

Section 33 Arrest for further offence

Where—

(a) a person—

(i) has been arrested for an offence; and

(ii) is at a police station in consequence of that arrest; and

(b) it appears to a constable that, if he were released from that arrest, he would be liable to arrest for some other offence,

he shall be arrested for that other offence.

Section 34 Search upon arrest

(1) A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2) Subject to paragraphs (3) to (5), a constable shall also have power in any such case—

(a) to search the arrested person for anything—

(i) which he might use to assist him to escape from lawful custody; or

(ii) which might be evidence relating to an offence; and

(b) if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.

(3) The power to search conferred by paragraph (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(4) The powers conferred by this Article to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves but they do authorise a search of a person's mouth .

(5) A constable may not search a person in the exercise of the power conferred by sub-paragraph (a) of paragraph (2) unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that sub-paragraph.

(6) A constable may not search premises in the exercise of the power conferred by sub-paragraph (b) of paragraph (2) unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.

(7) In so far as the power of search conferred by sub-paragraph (b) of paragraph (2) relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(8) A constable searching a person in the exercise of the power conferred by paragraph (1) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(9) A constable searching a person in the exercise of the power conferred by sub-paragraph (a) of paragraph (2) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—

(a) that he might use it to assist him to escape from lawful custody; or

(b) that it is evidence of an offence or has been obtained in consequence of the commission of an offence.

(10) Nothing in this Article shall be taken to affect the powers conferred by section 43 of the Terrorism Act 2000 .

Section 35 Limitations on police detention

(1) A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part.

(2) Subject to paragraph (3), if at any time a custody officer—

(a) becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and

(b) is not aware of any other grounds on which the continued detention of that person could be justified under the provisions of this Part,

it shall be the duty of the custody officer, subject to paragraphs (4) and (4A) , to order his immediate release from custody.

(3) No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.

(4) Nothing in this Part requires the release of a person who appears to the custody officer to have been unlawfully at large when he was arrested.

(4A) Nothing in this Part requires the release of a person who was arrested after being taken to a police station from a custodial establishment in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953 and this Part shall have effect in relation to such a person as if references to a person being released (either on bail or without bail) were references to a person being returned to the custody of the governor of the custodial establishment from which he was taken to the police station.

(5) Subject to paragraph (6), a person whose release is ordered under paragraph (2) shall be released without bail.

(6) Where—

(a) it appears to the custody officer—

(i) that there is need for further investigation of any matter in connection with which that person was detained at any time during his detention; or

(ii) that proceedings may be taken against that person in respect of any such matter; and

(b) the custody officer considers that, having regard to all the circumstances, that person should be released only on bail,

the custody officer shall so release that person.

(7) For the purposes of this Part a person arrested under Article 17D of the Road Traffic (Northern Ireland) Order 1995 is arrested for an offence.

(8) For the purposes of this Part a person who—

(a) attends a police station to answer to bail granted under Article 32A;

(b) returns to a police station to answer to bail granted under this Part; or

(c) is arrested under Article 32D or 47A,

is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail under Article 32A or this Part.

.

Section 36 Designated police stations

(1) The Chief Constable shall designate the police stations which, subject to Articles 32(3), (5) and (6), 32A(5) and 32D(2) , are to be used for the purpose of detaining arrested persons.

(2) The Chief Constable's duty under paragraph (1) is to designate police stations appearing to him to provide enough accommodation for that purpose.

(3) Without prejudice to section 17(1) and (3) of the Interpretation Act (Northern Ireland) 1954 the Chief Constable—

(a) may designate a station which was not previously designated; and

(b) may direct that a designation of a station previously made shall cease to operate.

(4) In this Order “designated police station” means a police station for the time being designated under this Article.

Section 37 Custody officers at police stations

(1) One or more custody officers shall be appointed for each designated police station.

(2) A custody officer for a designated police station shall be appointed—

(a) by the Chief Constable; or

(b) by such other police officer as the Chief Constable may direct.

(3) No police officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.

(4) A police officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.

(5) Subject to the following provisions of this Article and to Article 40(2), none of the functions of a custody officer in relation to a person shall be performed by an officer who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time.

(6) Nothing in paragraph (5) is to be taken to prevent a custody officer—

(a) performing any function assigned to custody officers—

(i) by this Order; or

(ii) by a code of practice issued under this Order;

(b) carrying out the duty imposed on custody officers by Article 40;

(c) doing anything in connection with the identification of a suspect; or

(d) doing anything under Article 18 or 19 of the Road Traffic (Northern Ireland) Order 1995.

(7) Where an arrested person is taken to a police station which is not a designated police station, the functions in relation to him which at a designated police station would be the functions of a custody officer shall be performed—

(a) by an officer . . . who is not involved in the investigation of an offence for which he is in police detention, if such an officer is readily available; and

(b) if no such officer is readily available, by the officer who took him to the station or any other officer.

(7A) Subject to paragraph (7B), paragraph (7) applies where a person attends a police station which is not a designated station to answer to bail granted under Article 32A as it applies where a person is taken to such a station.

(7B) Where paragraph (7) applies because of paragraph (7A), the reference in paragraph (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail under Article 32A.

(8) References to a custody officer in the following provisions of this Order include references to an officer other than a custody officer who is performing the functions of a custody officer by virtue of paragraph (4) or (7).

(9) Where by virtue of paragraph (7) a police officer who took an arrested person to a police station is to perform the functions of a custody officer in relation to him, the officer shall inform an officer who—

(a) is attached to a designated police station; and

(b) is of at least the rank of inspector,

that he is to do so.

(10) The duty imposed by paragraph (9) shall be performed as soon as it is practicable to perform it.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 38 Duties of custody officer before charge

(1) Where—

(a) a person is arrested for an offence—

(i) without a warrant; or

(ii) under a warrant not endorsed for bail, . . .

Sub‐para. (b) rep. by 1995 NI 17

the custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.

(2) If the custody officer determines that he does not have such evidence before him, the person arrested shall be released either on bail or without bail, unless the custody officer has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.

(3) If the custody officer has reasonable grounds for so believing, he may authorise the person arrested to be kept in police detention.

(4) Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.

(5) Subject to paragraph (6), the written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.

(6) Paragraph (5) shall not apply where the person arrested is, at the time when the written record is made—

(a) incapable of understanding what is said to him;

(b) violent or likely to become violent; or

(c) in urgent need of medical attention.

(7) Subject to Article 42(5), if the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested—

(a) shall be charged; or

(b) shall be released without charge, either on bail or without bail.

(8) Where—

(a) a person is released under paragraph (7)(b); and

(b) at the time of his release a decision whether he should be prosecuted for the offence for which he was arrested has not been taken,

it shall be the duty of the custody officer so to inform him.

(9) If the person arrested is not in a fit state to be dealt with under paragraph (7), he may be kept in police detention until he is.

(10) The duty imposed on the custody officer under paragraph (1) shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

(11) Where an arrested juvenile who was arrested without a warrant is not released under paragraph (2), it shall be the duty of the custody officer—

(a) to inform the arrested juvenile that he has reasonable grounds for believing that his detention is necessary in connection with an offence and to state the offence;

(b) to take such steps as are practicable to ascertain the identity of a person responsible for the welfare of the arrested juvenile; and

(c) if—

(i) he ascertains the identity of any such person; and

(ii) it is practicable to do so,

to inform that person, as soon as it is practicable to do so, of the arrest and of the offence alleged to have been committed by the juvenile.

(12) For the purposes of paragraph (11) the persons who may be responsible for the welfare of an arrested juvenile are—

(a) his parent or guardian; and

(b) any other person who has for the time being assumed responsibility for his welfare.

(13) If it appears to the custody officer that—

Sub‐para. (a) rep. by 1998 NI 9

(b) a probation order, as defined in section 1 of the Probation Act (Northern Ireland) 1950 ;

is in force in respect of an arrested juvenile, the custody officer shall also inform . . . his probation officer of the arrest and of the offence alleged to have been committed by the juvenile, as soon as it is practicable to do so.

(14) In this Part—

“arrested juvenile” means a person arrested with or without a warrant who appears to be under the age of 18 and is not excluded from this Part by Article 52;

“endorsed for bail” means endorsed with a direction for bail in accordance with Article 129 of the Magistrates' Courts (Northern Ireland) Order 1981 .

Section 39 Duties of custody officer after charge

(1) Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall order his release from police detention, either on bail or without bail, unless—

(a) if the person arrested is not an arrested juvenile—

(i) his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

(ia) in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

(ii) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary . . . to prevent him from causing physical injury to any other person or from causing loss of or damage to property; . . .

(iii) the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail or that his detention is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or

(iv) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;

(b) if he is an arrested juvenile—

(i) any of the requirements of sub‐paragraph (a) is satisfied; or

(ii) the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

(1A) In paragraph (1) “imprisonable offence” means an offence for which a person over the age of 21 years is liable, on first conviction, to a term of imprisonment.

(2) If the release of a person arrested is not required by paragraph (1), the custody officer may authorise him to be kept in police detention.

(2A) The custody officer, in taking the decisions required by paragraph (1)(a) and (b) (except (a)(i) and (iv) and (b)(ii)), shall have regard to such of the following considerations as appear to him to be relevant—

(a) the nature and seriousness of the offence;

(b) the character, antecedents, associations and community ties of the person;

(c) the person's record as respects the fulfilment of his obligations under previous grants of bail, and

(d) the strength of the evidence of the person's having committed the offence,

as well as to any other considerations which appear to be relevant.

(3) Where a custody officer authorises a person who has been charged to be kept in police detention, he shall, as soon as practicable, make a written record of the grounds for the detention.

(4) Subject to paragraph (5), the written record shall be made in the presence of the person charged who shall at that time be informed by the custody officer of the grounds for his detention.

(5) Paragraph (4) shall not apply where the person charged is, at the time when the written record is made—

(a) incapable of understanding what is said to him;

(b) violent or likely to become violent; or

(c) in urgent need of medical attention.

(6) Where a custody officer authorises an arrested juvenile to be kept in police detention under paragraph (1), the custody officer shall, unless he certifies that it is impracticable to do so, make arrangements for the arrested juvenile to be taken to a place of safety and detained there; and it shall be lawful to detain him in pursuance of the arrangements.

(7) A certificate made under paragraph (6) in respect of an arrested juvenile shall be produced to the court before which he is first brought thereafter.

(8) In paragraph (6) “place of safety” means any juvenile justice centre, any hospital or surgery, or any other suitable place, the occupier of which is willing temporarily to receive the arrested juvenile.

Section 40 Responsibilities in relation to persons detained

(1) Subject to paragraphs (2) and (4), it shall be the duty of the custody officer at a police station to ensure—

(a) that all persons in police detention at that station are treated in accordance with this Order and any code of practice issued under it and relating to the treatment of persons in police detention; and

(b) that all matters relating to such persons which are required by this Order or by such codes of practice to be recorded are recorded in the custody records relating to such persons.

(2) If the custody officer, in accordance with any code of practice issued under this Order, transfers or permits the transfer of a person in police detention—

(a) to the custody of a police officer investigating an offence for which that person is in police detention; or

(b) to the custody of an officer who has charge of that person outside the police station,

the custody officer shall cease in relation to that person to be subject to the duty imposed on him by paragraph (1)(a); and it shall be the duty of the officer to whom the transfer is made to ensure that he is treated in accordance with the provisions of this Order and of any such codes of practice as are mentioned in paragraph (1).

(3) If the person detained is subsequently returned to the custody of the custody officer, it shall be the duty of the officer investigating the offence to report to the custody officer as to the manner in which this Article and the codes of practice have been complied with while that person was in his custody.

(4) If an arrested juvenile is taken to a place of safety in pursuance of arrangements made under Article 39(6), the custody officer shall cease in relation to that person to be subject to the duty imposed on him by paragraph (1).

(5) Where an arrested juvenile is taken to a place of safety in pursuance of such arrangements, it shall be the duty of the occupier of that place to make available to him such advice and assistance as may be appropriate in the circumstances.

(6) Where—

(a) an officer of higher rank than the custody officer . . . gives directions relating to a person in police detention; and

(b) the directions are at variance—

(i) with any decision made or action taken by the custody officer in the performance of a duty imposed on him under this Part; or

(ii) with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,

the custody officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the custody officer is acting as custody officer.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 41 Review of police detention

(1) Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this Article—

(a) in the case of a person who has been arrested and charged, by the custody officer; and

(b) in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector who has not been directly involved in the investigation.

(2) The officer to whom it falls to carry out a review is referred to in this Article as a “review officer”.

(3) Subject to paragraph (4)—

(a) the first review shall be not later than six hours after the detention was first authorised;

(b) the second review shall be not later than nine hours after the first;

(c) subsequent reviews shall be at intervals of not more than nine hours.

(4) A review may be postponed—

(a) if, having regard to all the circumstances prevailing at the latest time for it specified in paragraph (3), it is not practicable to carry out the review at that time;

(b) without prejudice to the generality of sub‐paragraph (a)—

(i) if at that time the person in detention is being questioned by a police officer and the review officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or

(ii) if at that time no review officer is readily available.

(5) If a review is postponed under paragraph (4) it shall be carried out as soon as practicable after the latest time specified for it in paragraph (3).

(6) If a review is carried out after postponement under paragraph (4), the fact that it was so carried out shall not affect any requirement of this Article as to the time at which any subsequent review is to be carried out.

(7) The review officer shall record the reasons for any postponement of a review in the custody record.

(8) Subject to paragraph (9), where the person whose detention is under review has not been charged before the time of the review, Article 38(1) to (6) shall have effect in relation to him, but with the modifications specified in paragraph (8A) .

(8A) The modifications are—

(a) the substitution of references to the person whose detention is under review for references to the person arrested;

(b) the substitution of references to the review officer for references to the custody officer; and

(c) in paragraph (6), the insertion after sub-paragraph (a) of—

(“) asleep;”.

(9) Where a person has been kept in police detention by virtue of Article 38(9), Article 38(1) to (6) shall not have effect in relation to him but it shall be the duty of the review officer to determine whether he is yet in a fit state.

(10) Where the person whose detention is under review has been charged before the time of the review, Article 39(1) to (6) shall have effect in relation to him, but with the modifications specified in paragraph (10A) .

(10A) The modifications are—

(a) the substitution of references to the person whose detention is under review for any reference to the person arrested or to the person charged; and

(b) in paragraph (5), the insertion after sub-paragraph (a) of—

(“) asleep;”.

(11) Where—

(a) an officer of higher rank than the review officer gives directions relating to a person in police detention; and

(b) the directions are at variance—

(i) with any decision made or action taken by the review officer in the performance of a duty imposed on him under this Part; or

(ii) with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,

the review officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the review officer is acting as review officer in connection with the detention.

(12) Before determining whether to authorise a person's continued detention the review officer shall give—

(a) that person (unless he is asleep); or

(b) any solicitor representing him who is available at the time of the review,

an opportunity to make representations to him about the detention.

(13) Subject to paragraph (14), the person whose detention is under review or his solicitor may make representations under paragraph (12) either orally or in writing.

(14) The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.

Section 41A Use of telephone for review under Article 41

(1) A review under Article 41(1)(b) may be carried out by means of a discussion, conducted on the telephone, with one or more persons at the police station where the arrested person is held.

(2) But paragraph (1) does not apply if—

(a) the review is of a kind authorised by regulations under Article 46A to be carried out using video conferencing facilities; and

(b) it is reasonably practicable to carry it out in accordance with those regulations.

(3) Where any review is carried out under this Article by an officer who is not present at the station where the arrested person is held—

(a) any obligation of that officer to make a record in connection with the carrying out of the review shall have effect as an obligation to cause another officer to make the record;

(b) any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer; and

(c) the requirements under Article 41(12) and (13) for—

(i) the arrested person, or

(ii) a solicitor representing him,

to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by paragraph (4).

(4) Representations are made in a manner authorised by this paragraph—

(a) in a case where facilities exist for the immediate transmission of written representations to the officer carrying out the review, if they are made either—

(i) orally by telephone to that officer; or

(ii) in writing to that officer by means of those facilities; and

(b) in any other case, if they are made orally by telephone to that officer.

(5) In this Article “ video-conferencing facilities ” has the same meaning as in Article 46A.

Section 42 Limits on period of detention without charge

(1) Subject to the following provisions of this Article and to Articles 43 and 44, a person shall not be kept in police detention for more than 24 hours without being charged.

(2) The time from which the period of detention of a person is to be calculated (in this Order referred to as “the relevant time”)—

(a) in the case of a person arrested outside Northern Ireland, shall be—

(i) the time at which that person arrives at the first police station to which he is taken in Northern Ireland; or

(ii) the time 24 hours after the time of that person's entry into Northern Ireland,

whichever is the earlier;

(b) in the case of a person who—

(i) attends voluntarily at a police station; or

(ii) accompanies a constable to a police station without having been arrested, or

(iii) is taken to a police station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953;

and is arrested at the police station, shall be the time of his arrest;

(ba) in the case of a person who attends a police station to answer to bail granted under Article 32A, the time when he arrives at the police station;

(c) in any other case, shall be the time at which the person arrested arrives at the first police station to which he is taken after his arrest.

(3) Paragraph (2) shall have effect in relation to a person arrested under Article 33 as if every reference in it to his arrest or his being arrested were a reference to his arrest or his being arrested for the offence for which he was originally arrested.

(4) When a person who is in police detention is removed to hospital because he is in need of medical treatment, any time during which he is being questioned in hospital or on the way there or back by a police officer for the purpose of obtaining evidence relating to an offence shall be included in any period which falls to be calculated for the purposes of this Part, but any other time while he is in hospital or on his way there or back shall not be so included.

(5) Subject to paragraph (6), a person who at the expiry of 24 hours after the relevant time is in police detention and has not been charged shall be released at that time either on bail or without bail.

(6) Paragraph (5) does not apply to a person whose detention for more than 24 hours after the relevant time has been authorised or is otherwise permitted in accordance with Article 43 or 44.

(7) A person released under paragraph (5) shall not be re‐arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release ;but this paragraph does not prevent an arrest under Article 47A .

Section 43 Authorisation of continued detention

(1) Where a police officer of the rank of superintendent or above who is responsible for the police station at which a person is detained has reasonable grounds for believing that—

(a) the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;

(b) an offence for which he is under arrest is an indictable offence ; and

(c) the investigation is being conducted diligently and expeditiously,

he may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.

(2) Where an officer such as is mentioned in paragraph (1) has authorised the keeping of a person in police detention for a period expiring less than 36 hours after the relevant time, such an officer may authorise the keeping of that person in police detention for a further period expiring not more than 36 hours after that time if the conditions specified in paragraph (1) are still satisfied when he gives the authorisation.

(3) No authorisation under paragraph (1) shall be given in respect of any person—

(a) more than 24 hours after the relevant time; or

(b) before the second review of his detention under Article 41 has been carried out.

(4) Where an officer authorises the keeping of a person in police detention under paragraph (1), it shall be his duty—

(a) to inform that person of the grounds for his continued detention; and

(b) to record the grounds in that person's custody record.

(5) Before determining whether to authorise the keeping of a person in detention under paragraph (1) or (2), an officer shall give—

(a) that person; or

(b) any solicitor representing him who is available at the time when it falls to the officer to determine whether to give the authorisation,

an opportunity to make representations to him about the detention.

(6) Subject to paragraph (7), the person in detention or his solicitor may make representations under paragraph (5) either orally or in writing.

(7) The officer to whom it falls to determine whether to give the authorisation may refuse to hear oral representations from the person in detention if he considers that he is unfit to make such representations by reason of his condition or behaviour.

(8) Where—

(a) an officer authorises the keeping of a person in detention under paragraph (1); and

(b) at the time of the authorisation he has not yet exercised a right conferred on him by Article 57 or 59,

the officer—

(i) shall inform him of that right;

(ii) shall decide whether he should be permitted to exercise it;

(iii) shall record the decision in his custody record; and

(iv) if the decision is to refuse to permit the exercise of the right, shall also record the grounds for the decision in that record.

(9) Where an officer has authorised the keeping of a person who has not been charged in detention under paragraph (1) or (2), heshall be released from detention, either on bail or without bail, not later than 36 hours after the relevant time, unless—

(a) he has been charged with an offence; or

(b) his further detention is authorised or otherwise permitted in accordance with Article 44.

(10) A person released under paragraph (9) shall not be re‐arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release ;but this paragraph does not prevent an arrest under Article 47A .

Section 44 Warrants of further detention

(1) Where, on a complaint made in writing by a constable and substantiated on oath, a magistrates' court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the complaint relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.

(2) A court may not hear a complaint under paragraph (1) unless the person to whom the complaint relates—

(a) has been furnished with a copy of the complaint; and

(b) has been brought before the court for the hearing.

(3) The person to whom the complaint relates shall be entitled to be legally represented at the hearing and, if he is not so representedbut wishes to be so represented—

(a) the court shall adjourn the hearing to enable him to obtain representation; and

(b) he may be kept in police detention during the adjournment.

(4) A person's further detention is only justified for the purposes of this Article or Article 45 if—

(a) his detention without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;

(b) an offence for which he is under arrest is an indictable offence ; and

(c) the investigation is being conducted diligently and expeditiously.

(5) Subject to paragraph (7), a complaint under paragraph (1) may be made—

(a) at any time before the expiry of 36 hours after the relevant time; or

(b) in a case where—

(i) it is not practicable for the magistrates' court to which the complaint will be made to sit at the expiry of 36 hours after the relevant time; but

(ii) the court will sit during the 6 hours following the end of that period,

at any time before the expiry of the said 6 hours.

(6) In a case to which paragraph (5)(b) applies—

(a) the person to whom the complaint relates may be kept in police detention until the complaint is heard; and

(b) the custody officer shall make a note in that person's custody record—

(i) of the fact that he was kept in police detention for more than 36 hours after the relevant time; and

(ii) of the reason why he was so kept.

(7) If—

(a) a complaint under paragraph (1) is made after the expiry of 36 hours after the relevant time; and

(b) it appears to the magistrates' court that it would have been reasonable for the police to make it before the expiry of that period,

the court shall dismiss the complaint.

(8) Where on a complaint under paragraph (1) a magistrates' court is not satisfied that there are reasonable grounds for believing that the further detention of the person to whom the complaint relates is justified, it shall be its duty—

(a) to refuse to issue a warrant of further detention; or

(b) to adjourn the hearing of it until a time not later than 36 hours after the relevant time.

(9) The person to whom the complaint relates may be kept in police detention during the adjournment.

(10) A warrant of further detention shall—

(a) state the time at which it is issued;

(b) authorise the keeping in police detention of the person to whom it relates for the period stated in it.

(11) Subject to paragraph (12), the period stated in a warrant of further detention shall be such period as the magistrates' court thinks fit, having regard to the evidence before it.

(12) The period shall not be longer than 36 hours.

(13) A complaint under paragraph (1) shall state—

(a) the nature of the offence for which the person to whom the complaint relates has been arrested;

(b) the general nature of the evidence on which that person was arrested;

(c) what inquiries relating to the offence have been made by the police and what further inquiries are proposed by them;

(d) the reasons for believing the continued detention of that person to be necessary for the purposes of such further inquiries.

(14) Where a complaint under paragraph (1) is dismissed, the person to whom the complaint relates shall forthwith be charged or, subject to paragraph (15), released, either on bail or without bail.

(15) A person need not be released under paragraph (14)—

(a) before the expiry of 24 hours after the relevant time; or

(b) before the expiry of any longer period for which his continued detention is or has been authorised under Article 43.

(16) Where a complaint under paragraph (1) is dismissed, no further complaint shall be made under that paragraph in respect of the person to whom the dismissal relates, unless supported by evidence which has come to light since the dismissal.

(17) Where a warrant of further detention is issued, the person to whom it relates shall be released from police detention, either on bail or without bail, upon or before the expiry of the warrant unless he is charged.

(18) A person released under paragraph (17) shall not be re‐arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release ;but this paragraph does not prevent an arrest under Article 47A .

(19) A magistrates' court hearing a complaint under this Article shall not sit in open court.