SCHEDULES

Sections 30 and 31

SCHEDULE 2N.I.Powers exercisable by designated persons

Part 1N.I.Investigating officers

Entry and search for purposes of arrestN.I.

1N.I.Where a designation applies this paragraph to a person—

(a)he may apply as if he were a constable for a warrant under section 42 of the Terrorism Act 2000 (c. 11) (warrants for entry and search for purposes of arrest);

(b)the persons authorised by a warrant issued under section 42 of that Act to enter and search premises include the designated person;

(c)Article 17 of the 1989 Order (safeguards) has effect in relation to the issue of a warrant under section 42 of that Act to the designated person as it has effect in relation to the issue of a warrant under that section to a constable;

(d)Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under section 42 of that Act (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person.

Entry and search for evidence etc.N.I.

2N.I.Where a designation applies this paragraph to a person—

(a)he may apply as if he were a constable for a warrant under Article 10 of the 1989 Order (warrants for entry and search for evidence etc.);

(b)the persons authorised by a warrant issued under Article 10 of that Order to enter and search premises include the designated person;

(c)the designated person has the power of a constable under Article 10(2) of that Order to seize and retain things for which a search has been authorised under paragraph (1) of that Article;

(d)Article 17 of that Order (safeguards) has effect in relation to the issue of a warrant under Article 10 of that Order to the designated person as it has effect in relation to the issue of a warrant under that Article to a constable;

(e)Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under Article 10 of that Order (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person;

(f)Article 21(6) of that Order (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person by virtue of sub-paragraph (c) as it has effect in relation to the seizure of anything under Article 10(2) of that Order by a constable;

(g)Article 22 of that Order (extension of powers of seizure to computerised information) applies to the power of seizure conferred on the designated person by virtue of sub-paragraph (c) as it applies to the power of seizure conferred on a constable by Article 10(2) of that Order;

(h)Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (c) as if the references to a constable included references to the designated person;

(i)Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (c) or taken away by him following the imposition of a requirement by virtue of sub-paragraph (g)—

(i)as they have effect in relation to anything seized in exercise of the power conferred on a constable by Article 10(2) of that Order or taken away by a constable following the imposition of a requirement by virtue of Article 22 of that Order;

(ii)as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.

[F12AN.I.Where a designation applies this paragraph to any person—

(a)the persons to whom a warrant may be addressed under section 25 of the Theft Act (Northern Ireland) 1969 (search for stolen goods) shall include that person; and

(b)in relation to such a warrant addressed to him, that person shall have the powers under subsection (3) of that section.

2BN.I.Where a designation applies this paragraph to any person, subsection (3), and (to the extent that it applies subsection (3)) subsection (3A), of section 23 of the Misuse of Drugs Act 1971 (powers to search and obtain evidence) shall have effect as if the reference to a constable included a reference to that person.]

Access to excluded and special procedure materialN.I.

3N.I.Where a designation applies this paragraph to a person—

(a)he has the powers of a constable under Article 11(1) of the 1989 Order (special provisions for access) to obtain access to excluded material and special procedure material, in accordance with Schedule 1 to that Order and the following provisions of this paragraph;

(b)Schedule 1 to that Order has effect as if the references in paragraphs 1, 4, 5, 9 and 10 of that Schedule to a constable were references to the designated person;

(c)Article 17 of that Order (safeguards) has effect in relation to the issue of a warrant under paragraph 9 of Schedule 1 to that Order to the designated person as it has effect in relation to the issue of a warrant under that paragraph to a constable;

(d)Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under paragraph 9 of Schedule 1 to that Order (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person;

(e)Article 21(6) of that Order (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by paragraph 10 of Schedule 1 to that Order as it has effect in relation to the seizure of anything under that paragraph by a constable;

(f)Article 22 of that Order (extension of powers of seizure to computerised information) applies to the power of seizure conferred on the designated person by paragraph 10 of Schedule 1 to that Order as it applies to the power of seizure conferred on a constable by that paragraph;

(g)Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by paragraph 10 of Schedule 1 to that Order as if the references to a constable included references to the designated person;

(h)Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by paragraph 10 of Schedule 1 to that Order or taken away by him following the imposition of a requirement by virtue of sub-paragraph (f), and to anything produced to him under paragraph 4(a) of Schedule 1 to that Order—

(i)as they have effect in relation to anything seized in exercise of the power conferred on a constable by paragraph 10 of Schedule 1 to that Order or taken away by a constable following the imposition of a requirement by virtue of Article 22 of that Order or, as the case may be, to anything produced to a constable under paragraph 4(a) of that Schedule;

(ii)as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.

Entry and search after arrestN.I.

4N.I.Where a designation applies this paragraph to a person—

(a)he has the powers of a constable under Article 20 of the 1989 Order (entry and search after arrest) to enter and search premises and to seize and retain anything for which a constable may search under that Article;

(b)paragraphs (5) and (6) of that Article (power to carry out search before arrested person taken to police station and duty to inform senior officer) have effect in relation to any exercise by the designated person of those powers as if the references in those paragraphs to a constable were references to the designated person;

(c)Article 21(6) of that Order (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything under Article 20(2) of that Order by a constable;

(d)Article 22 of that Order (extension of powers of seizure to computerised information) applies to the power of seizure conferred on the designated person by virtue of sub-paragraph (a) as it applies to the power of seizure conferred on a constable by Article 20(2) of that Order;

(e)Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable included references to the designated person;

(f)Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) or taken away by him following the imposition of a requirement by virtue of sub-paragraph (d)—

(i)as they have effect in relation to anything seized in exercise of the power conferred on a constable by Article 20(2) of that Order or taken away by a constable following the imposition of a requirement by virtue of Article 22 of that Order;

(ii)as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.

General power of seizureN.I.

5N.I.Where a designation applies this paragraph to a person—

(a)when lawfully on any premises, he has the same powers as a constable under Article 21 of the 1989 Order (general powers of seizure) to seize things;

(b)he has the powers of a constable to impose a requirement by virtue of paragraph (4) of that Article in relation to information accessible from premises;

(c)paragraph (6) of that Article (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything under Article 21 of that Order by a constable;

(d)Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable included references to the designated person;

(e)Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) or taken away by him following the imposition of a requirement by virtue of sub-paragraph (b)—

(i)as they have effect in relation to anything seized in exercise of the power conferred on a constable by Article 21(2) or (3) of that Order or taken away by a constable following the imposition of a requirement by virtue of Article 21(4) of that Order;

(ii)as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.

Access and copying in the case of things seized by constablesN.I.

6N.I.Where a designation applies this paragraph to a person, Article 23 of the 1989 Order (access and copying) has effect in relation to anything seized by a constable [F2or by a person authorised to accompany him under Article 18(2) of that Order ] as if the second reference to a constable in paragraph (3) of Article 23 and the references to a constable in paragraphs (4) and (5) of that Article (supervision of access and photographing of seized items) included references to the designated person.

Arrest at a police station for another offenceN.I.

7(1)Where a designation applies this paragraph to a person, he has the power to make an arrest at a police station in any case where an arrest—N.I.

(a)is required to be made under Article 33 of the 1989 Order (arrest for a further offence of a person already at a police station), or

(b)would be so required if the reference in that Article to a constable included a reference to a person to whom this paragraph applies.

(2)Article 5 of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/ 1987 (N.I. 20)) (consequences of failure by arrested person to account for objects etc.) applies (without prejudice to the effect of any designation applying paragraph 9) in the case of a person arrested in exercise of the power exercisable by virtue of this paragraph as it applies in the case of a person arrested by a constable.

Power to transfer persons into custody of investigating officersN.I.

8(1)Where a designation applies this paragraph to a person, the custody officer for a designated police station may—N.I.

(a)transfer a person falling within sub-paragraph (2) to the designated person, or

(b)permit the transfer of a person falling within sub-paragraph (2) to the designated person.

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

(a)he is in police detention for an offence;

(b)the offence is being investigated by the designated person.

(3)If a person is transferred under sub-paragraph (1) into the custody of the designated person, the designated person—

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

(b)is under a duty [F3to keep that person under control and ] to prevent the person’s escape;

(c)is entitled to use reasonable force to keep the person in his custody [F4and under his control] .

(4)If a person is transferred under sub-paragraph (1) into the custody of the designated person, paragraphs (2) and (3) of Article 40 of the 1989 Order have effect as if—

(a)references to the transfer of a person in police detention into the custody of a police officer investigating an offence for which that person is in police detention were references to that person’s transfer into the custody of the designated person;

(b)references to the officer to whom the transfer is made and to the officer investigating the offence were references to the designated person.

[F5Powers in respect of detained personsN.I.

8AN.I.Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

(a)to assist any officer or other designated person to keep any person detained at the police station under control; and

(b)to prevent the escape of any such person,

and for those purposes shall be entitled to use reasonable force.]

Power to require arrested person to account for certain mattersN.I.

9N.I.Where a designation applies this paragraph to a person—

(a)he has the powers of a constable under Articles 5(1)(c) and 6(1)(c) of the Criminal Evidence (Northern Ireland) Order 1988 to request a person who has been arrested by a constable or by a person to whom paragraph 7 applies to account for the presence of an object, substance or mark or for the presence of the arrested person at a particular place; and

(b)the references to a constable in Articles 5(1)(b) and (c) and (4) and 6(1)(b) and (c) and (3) of that Order accordingly include references to the person to whom this paragraph is applied.

Extended powers of seizureN.I.

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

(a)the powers of a constable under Part 2 of the Criminal Justice and Police Act 2001 (c. 16) (extension of powers of seizure) that are exercisable by a constable by reference to a relevant power are exercisable by the designated person by reference to the relevant power to the same extent as they would be by a constable;

(b)section 56 of that Act (retention of property seized by a constable) has effect as if the property referred to in subsection (1) of that section included property seized by the designated person at any time when he was lawfully on any premises.

(2)A relevant power is a power of a constable that is conferred on the designated person by virtue of the provisions of this Part of this Schedule.

[F6Persons accompanying investigating officersN.I.

10A(1)This paragraph applies where a person (“an authorised person”) is authorised by virtue of Article 18(2) of the 1989 Order to accompany an investigating officer designated for the purposes of paragraph 2 (or 3) in the execution of a warrant.N.I.

(2)The reference in paragraph 2(h) (or 3(g)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order.

(3)In relation to any such seizure, paragraph 2(h) (or 3(g)) is to be read as if it provided for the references to a constable in Article 23(1) and (2) of the 1989 Order to include references to the authorised person.

(4)The reference in paragraph 2(i) (or 3(h)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order.

(5)In relation to anything so seized, paragraph 2(i)(ii) (or 3(h)(ii)) is to be read as if it provided for—

(a)the references to the supervision of a constable in paragraphs (3) and (4) of Article 23 of the 1989 Order to include references to the supervision of a person designated for the purposes of paragraph 2 (or paragraph 3), and

(b)the reference to a constable in paragraph (5) of that Article to include a reference to such a person or an authorised person accompanying him.

(6)Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 10, the references in sub-paragraphs (1)(a) and (b) of that paragraph to the designated person include references to the authorised person.]

Part 2N.I.Detention officers

Attendance at police station for fingerprintingN.I.

11N.I.Where a designation applies this paragraph to a person, he has the power of a constable under Article 29(1) of the 1989 Order (fingerprinting of offenders) to require a person to attend a police station in order to have his fingerprints taken.

Non-intimate searches of detained personsN.I.

12(1)Where a designation applies this paragraph to a person, he has the powers of a constable under Article 55 of the 1989 Order (non-intimate searches of detained persons)—N.I.

(a)to carry out a search under that Article of any person at a police station or of any other person otherwise in police detention;

(b)to seize or retain, or cause to be seized or retained, anything found on such a search.

(2)Paragraphs (9) and (12) of Article 55 of that Order (restrictions on power to seize clothes and personal effects and searches to be carried out by a member of the same sex) apply to the exercise by the designated person of any power exercisable by virtue of this paragraph as they apply to the exercise of the power in question by a constable.

Searches and examinations to ascertain identityN.I.

13N.I.Where a designation applies this paragraph to a person, he has the powers of a constable under Article 55A of the 1989 Order (searches and examinations to ascertain identity)—

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

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

FingerprintingN.I.

14N.I.Where a designation applies this paragraph to a person—

(a)he has the power of a constable under Article 61 of the 1989 Order (fingerprinting) to take fingerprints at a police station without the appropriate consent;

(b)the requirement by virtue of paragraph (7A)(a) of that Article that a person must be informed by an officer that his fingerprints may be the subject of a speculative search may be discharged, in the case of a person at a police station, by his being so informed by the designated person.

15N.I.Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 10(2) of Schedule 8 to the Terrorism Act 2000 (c. 11) (fingerprinting persons detained under the terrorism provisions) to take fingerprints from a person detained under the terrorism provisions.

Warnings about intimate samplesN.I.

16N.I.Where a designation applies this paragraph to a person, the requirement by virtue of Article 62(7A)(a) of the 1989 Order (intimate samples) that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search may be discharged, in the case of a person in a police station, by his being so informed by the designated person.

Non-intimate samplesN.I.

17N.I.Where a designation applies this paragraph to a person—

(a)he has the power of a constable under Article 63 of the 1989 Order (non-intimate samples), in the case of a person in a police station, to take a non-intimate sample without the appropriate consent;

(b)the requirement by virtue of paragraph (6) of that Article (information about authorisation) that a person must be informed by an officer of the matters mentioned in that paragraph may be discharged, in the case of an authorisation in relation to a person in a police station, by his being so informed by the designated person;

(c)the requirement by virtue of paragraph (8B)(a) of that Article that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search may be discharged, in the case of a person in a police station, by his being so informed by the designated person.

18N.I.Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 10(3) of Schedule 8 to the Terrorism Act 2000 (c. 11) (non-intimate samples from persons detained under the terrorism provisions) to take a non-intimate sample from a person detained under the terrorism provisions.

Attendance at police station for the taking of a sampleN.I.

19N.I.Where a designation applies this paragraph to a person, he has the power of a constable under paragraph (4) of Article 63A of the 1989 Order (supplementary provisions relating to fingerprints and samples) to require a person to attend a police station in order to have a sample taken.

Photographing detained personsN.I.

20N.I.Where a designation applies this paragraph to a person, he has the power of a constable under Article 64A of the 1989 Order (photographing of suspects etc.) to take a photograph of a person detained at a police station.

[F7Taking of impressions of footwearN.I.

20AN.I.Where a designation applies this paragraph to any person—

(a)he shall, at any police station, have the powers of a constable under Article 61A of the 1989 Order (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; and

(b)the requirement by virtue of Article 61A(5)(a) of the 1989 Order that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.]

[F7Powers in respect of detained personsN.I.

20BN.I.Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

(a)to keep under control any person detained at the police station and for whom he is for the time being responsible;

(b)to assist any officer or other designated person to keep any other person detained at the police station under control; and

(c)to prevent the escape of any such person as is mentioned in sub-paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.]

[F7Use of reasonable force in relation to detained personsN.I.

20CN.I.Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when—

(a)securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station, or

(b)escorting within a police station, or assisting an officer or another designated person to escort within a police station, a person detained there.]

[F7Powers in relation to information about intimate search, x-ray and ultrasoundN.I.

20DN.I.Where a designation applies this paragraph to any person, he is authorised to carry out the duty under—

(a)Article 56 of the 1989 Order of informing a person who is to be subject to an intimate search under that Article of the matters of which he is required to be informed in pursuance of paragraph (3B) of that Article;

(b)Article 56A of that Order of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that Article of the matters of which he is required to be informed in pursuance of paragraph (3) of that Article.]

21N.I.Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 2 of Schedule 8 to the Terrorism Act 2000 (identification of persons detained under the terrorism provisions) to photograph a person detained under the terrorism provisions.

Part 3N.I.Escort officers

Power to take an arrested person to a police stationN.I.

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

(a)the persons who, in the case of a person arrested by a constable, are authorised for the purposes of [F8paragraph (1A) of Article 32]of the 1989 Order (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station include the designated person;

(b)that Article has effect in relation to the exercise by the designated person of the power conferred by virtue of paragraph (a) as if the references to a constable in paragraphs (3), (4)(a) and (13) (but not the references in paragraphs (5) to (12)) included references to the designated person;

(c)a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—

(i)must be treated for all purposes as having the other person in his lawful custody;

(ii)is under a duty [F9to keep that person under control and ] to prevent the other person’s escape;

(iii)is entitled to use reasonable force to keep the other person in his charge [F10and under his control ] .

[F11(d)a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)—

(i)shall be under a duty to remain at the police station until he has transferred control of the other person to the custody officer at the police station;

(ii)until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

(iii)for so long as he is at the police station or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (i), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

(iv)shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii).]

(2)Without prejudice to any designation applying paragraph 12 to a person, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—

(a)he has the same powers under paragraphs (7) and (8) of Article 55 of the 1989 Order (non-intimate searches) as a constable has in the case of a person in police detention—

(i)to carry out a search of the other person;

(ii)to seize or retain, or cause to be seized or retained, anything found on such a search;

(b)paragraphs (9) and (12) of that Article (restrictions on power to seize clothes and personal effects and searches to be carried out by a member of the same sex) apply to the exercise by the designated person of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.

Escort of persons in police detentionN.I.

23(1)Where a designation applies this paragraph to a person, he may be authorised by the custody officer for any designated police station to escort a person in police detention—N.I.

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

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

(c)from that police station to any other place that is specified by the custody officer and then either back to that police station or on to another police station.

(2)A person who is escorting another in accordance with an authorisation under sub-paragraph (1)—

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

(b)is under a duty [F12to keep that person under control and] to prevent the other person’s escape;

(c)is entitled to use reasonable force to keep the other person in his charge [F13and under his control] .

[F14(2A)A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1)—

(a)shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person;

(b)until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

(c)for so long as he is at the police station or other place or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

(d)shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c).]

(3)Without prejudice to any designation applying paragraph 12 to a person, where a person has another in his lawful custody by virtue of sub-paragraph (2) of this paragraph—

(a)he has the same powers under paragraphs (7) and (8) of Article 55 of the 1989 Order (non-intimate searches) as a constable has in the case of a person in police detention—

(i)to carry out a search of the other person;

(ii)to seize or retain, or cause to be seized or retained, anything found on such a search;

(b)paragraphs (9) and (12) of that Article (restrictions on power to seize clothes and personal effects and searches to be carried out by a member of the same sex) apply to the exercise by the designated person of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.

(4)Article 40(2) of that Order (responsibilities of custody officer where person transferred to escort) has effect where the custody officer for any police station transfers or permits the transfer of any person to the custody of a person who by virtue of this paragraph has lawful custody outside the police station of the person transferred as it would apply if the designated person were a police officer.

Part 4N.I.Interpretation

24(1)In this Schedule—N.I.

• “designated person” means a person designated under section 30 or 31;

• “designation” means a designation under section 30 or 31;

• “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(2)Expressions used in this Schedule and in the 1989 Order have the same meanings in this Schedule as they have in that Order.

[F15SCHEDULE 2AN.I.POWERS AND DUTIES OF COMMUNITY SUPPORT OFFICER

Powers to issue fixed penalty noticeN.I.

1A CSO shall have the power of a constable in uniform to give a fixed penalty notice under Article 60 of the Road Traffic Offenders (Northern Ireland) Order 1996 (fixed penalty notices) to any person who he has reason to believe has committed an offence under Article 42 or 43 of the Road Traffic (Northern Ireland) Order 1995 (dangerous, careless or inconsiderate cycling).

Power to require name and address: relevant offencesN.I.

2(1)Subject to sub-paragraph (2), where a CSO has reason to believe that another person has committed a relevant offence, he may require that other person to give him his name and address.

(2)The power to impose a requirement under sub-paragraph (1) in relation to an offence under a relevant byelaw is exercisable only in, or in the vicinity of, a place to which the byelaw relates.

(3)A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

(4)In this paragraph “relevant offence” means—

(a)an offence under section 3 of the Vagrancy (Ireland) Act 1847;

(b)an offence under section 24 of the Children and Young Persons Act (Northern Ireland) 1968;

(c)an offence under Article 18 of the Public Order (Northern Ireland) Order 1987;

(d)an offence under Article 3 or 4 of the Litter (Northern Ireland) Order 1994;

(e)an offence under any of Articles 3, 30(9), 41, 50 or 60 to 64 of the Licensing (Northern Ireland) Order 1996;

(f)an offence under a relevant byelaw.

(5)In this paragraph and paragraph 4 “relevant byelaw” means a byelaw included in a list of byelaws which—

(a)have been made by a relevant body with authority to make byelaws for any place; and

(b)the Chief Constable and the relevant body have agreed to include in the list.

(6)The list must be published by the Chief Constable in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(7)A list of byelaws mentioned in sub-paragraph (6) may be amended from time to time by agreement between the Chief Constable and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the Chief Constable as mentioned in sub-paragraph (6).

(8)A relevant body for the purposes of sub-paragraph (5) is—

(a)a district council;

(b)any other body specified in an order made by the Secretary of State.

(9)An order under sub-paragraph (8) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (5)(b) and (7) is to be made between the Chief Constable and the Secretary of State (rather than between the Chief Constable and the relevant body).

Power to require name and address: road traffic offencesN.I.

3A CSO shall have the powers of a constable—

(a)under Article 177 of the Road Traffic (Northern Ireland) Order 1981 to require a person to give information about certain offences;

(b)under Article 178 of that Order to require a pedal cyclist to give his name and address;

(c)under Article 179 of that Order to require a pedestrian to give his name and address

Power to detain etcN.I.

4(1)Where, in a case in which a requirement has been imposed on another person under paragraph 2(1) or by virtue of paragraph 3—

(a)that other person fails to comply with the requirement, or

(b)the CSO who imposed the requirement has reasonable grounds for suspecting that the other person has given him a name or address that is false or inaccurate,

the CSO who imposed the requirement may require the other person to wait with him, for a period not exceeding 30 minutes, for the arrival of a constable.

(2)Sub-paragraph (1) does not apply if the requirement was imposed in connection with an offence under the Licensing (Northern Ireland) Order 1996 believed to have been committed on licensed premises (within the meaning of that Order).

(3)Where by virtue of paragraph 2 a CSO has the power to impose a requirement under sub-paragraph (1) of that paragraph in relation to an offence under a relevant byelaw, the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.

(4)Where a CSO has reason to believe that another person is committing an offence under section 3 of the Vagrancy (Ireland) Act 1847, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding 30 minutes, for the arrival of a constable.

(5)A person who has been required under sub-paragraph (1) or (4) to wait with a CSO may, if requested to do so, elect that (instead of waiting) he will accompany the CSO imposing the requirement to a police station.

(6)A person who—

(a)makes off while subject to a requirement under sub-paragraph (1) or (4), or

(b)makes off while accompanying a person to a police station in accordance with an election under sub-paragraph (5),

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Confiscation of alcohol: public processionsN.I.

5A CSO shall have the powers of a constable in uniform under section 13 of the Public Processions (Northern Ireland) Act 1998 (control of alcohol at public processions)—

(a)to impose a requirement under subsection (1) or (3) of that section; and

(b)to dispose under subsection (5) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by a CSO as if the references to a constable (except in subsection (8) (power to stop vehicles)) were references to the CSO.

Confiscation of alcohol: young personsN.I.

6(1)A CSO shall have the powers of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of intoxicating liquor)—

(a)to impose a requirement under subsection (1) of that section; and

(b)to dispose under subsection (2) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by a CSO as if the references to a constable in subsections (1) and (4) (but not the reference in subsection (5) (arrest)) were references to the CSO.

(2)Paragraph 4 applies in the case of a requirement imposed by a CSO under section 1(1) of that Act of 1997 on any person to state his name and address as it applies in the case of a requirement under paragraph 2(1).

Confiscation of tobacco etcN.I.

7(1)A CSO shall have the power to seize anything that a constable has power to seize under Article 5(1) of the Health and Personal Social Services (Northern Ireland) Order 1978 (seizure of tobacco etc from young persons).

(2)Article 5(2) of that Order (disposal) applies to anything seized by virtue of sub-paragraph (1) as it applies to anything seized by a constable under Article 5(1) of that Order.

Search and seizure powers: alcohol and tobaccoN.I.

8(1)Where—

(a)in exercise of the powers referred to in paragraph 5 or 6 a CSO has imposed, under section 13 of the Public Processions (Northern Ireland) Act 1998 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol;

(b)that person fails to comply with that requirement; and

(c)the CSO reasonably believes that the person has alcohol in his possession,

the CSO may search him for it.

(2)Where—

(a)in exercise of the powers referred to in paragraph 7 a CSO has sought to seize something which by virtue of that paragraph he has a power to seize;

(b)the person from whom he sought to seize it fails to surrender it; and

(c)the CSO reasonably believes that the person has it in his possession,

the CSO may search him for it.

(3)The power to search conferred by sub-paragraph (1) or (2)—

(a)is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and

(b)does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.

(4)A person who without reasonable excuse fails to consent to being searched under sub-paragraph (1) or (2) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5)A CSO who proposes to exercise the power to search a person under sub-paragraph (1) or (2) must inform him that failing without reasonable excuse to consent to being searched is an offence.

(6)If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.

(7)Paragraph 4 applies in the case of a requirement imposed under sub-paragraph (6) as it applies in the case of a requirement under paragraph 2(1).

(8)If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.

Powers to seize and retain: controlled drugsN.I.

9(1)If a CSO—

(a)finds a controlled drug in a person's possession (whether or not he finds it in the course of searching the person by virtue of any other paragraph of this Schedule); and

(b)reasonably believes that it is unlawful for the person to be in possession of it,

the CSO may seize it and retain it.

(2)If a CSO—

(a)finds a controlled drug in a person's possession (as mentioned in sub-paragraph (1)); or

(b)reasonably believes that a person is in possession of a controlled drug,

and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require him to give the CSO his name and address.

(3)If in exercise of the power conferred by sub-paragraph (1) the CSO seizes and retains a controlled drug, he must—

(a)if the person from whom it was seized maintains that he was lawfully in possession of it, tell the person where inquiries about its recovery may be made; and

(b)comply with a constable's instructions about what to do with it.

(4)A person who fails to comply with a requirement under sub-paragraph (2) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5)Paragraph 4 applies in the case of a requirement imposed by virtue of sub-paragraph (2) as it applies in the case of a requirement under paragraph 2(1).

(6)In this paragraph, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

Entry to save life or limb or prevent serious damage to propertyN.I.

10A CSO shall have the powers of a constable under Article 19 of the 1989 Order to enter and search any premises for the purpose of saving life or limb or preventing serious damage to property.

Entry to investigate licensing offencesN.I.

11(1)A CSO shall have the powers of a constable under Article 71(1)(b) of the Licensing (Northern Ireland) Order 1996 to enter and inspect premises.

(2)Except as mentioned in sub-paragraph (3), a CSO shall not, in exercise of the power conferred by sub-paragraph (1), enter any premises except in the company, and under the supervision, of a constable.

(3)The prohibition in sub-paragraph (2) does not apply in relation to premises in respect of which the CSO reasonably believes that a licence under the Licensing (Northern Ireland) Order 1996 authorises the sale of intoxicating liquor for consumption off the premises.

Power to stop vehiclesN.I.

12A CSO shall have the power of a constable in uniform under Article 180(1) of the Road Traffic (Northern Ireland) Order 1981 to require a person driving a vehicle or riding a pedal cycle to stop.

Power to direct traffic and place traffic signsN.I.

13(1)A CSO shall have—

(a)the power of a constable engaged in the regulation of traffic in a road to direct a person driving or propelling a vehicle to stop the vehicle or to make it proceed in, or keep to, a particular line of traffic;

(b)the power of a constable in uniform engaged in the regulation of vehicular traffic in a road to direct a person on foot to stop proceeding along or across the carriageway.

(2)A CSO shall also have the power of a constable, for the purposes of a traffic survey, to direct a person driving or propelling a vehicle to stop the vehicle, to make it proceed in, or keep to, a particular line of traffic, or to proceed to a particular point on or near the road.

(3)Article 49 of the Road Traffic (Northern Ireland) Order 1995 (offences of failing to comply with directions of constable in uniform) shall have effect in relation to the exercise of the powers mentioned in sub-paragraphs (1) and (2), for the purposes for which they may be exercised and by a CSO, as if the references to a constable in uniform were references to a CSO.

(4)A CSO shall have the powers of a constable under Article 32 of the Road Traffic Regulation (Northern Ireland) Order 1997 to place traffic signs.

(5)Article 50 of the Road Traffic (Northern Ireland) Order 1995 (contravention of indication given by traffic sign) shall apply to signs placed in the exercise of the powers conferred by virtue of sub-paragraph (4).

Carrying out of road checksN.I.

14A CSO shall have the power to carry out any road check the carrying out of which by a police officer is authorised under Article 6 of the 1989 Order (road checks).

Cordoned areasN.I.

15A CSO shall, in relation to any cordoned area have all the powers of a constable in uniform under section 36 of the Terrorism Act 2000 (c 11) (enforcement of cordoned area) to give orders, make arrangements or impose prohibitions or restrictions.

Power to stop and search vehicles etc in authorised areasN.I.

16(1)A CSO shall, in any authorised area, have all the powers of a constable in uniform by virtue of sections 44(1)(a) and (d) and (2)(b) and 45(2) of the Terrorism Act 2000 (powers of stop and search)—

(a)to stop and search vehicles;

(b)to search anything in or on a vehicle or anything carried by the driver of a vehicle or any passenger in a vehicle;

(c)to search anything carried by a pedestrian; and

(d)to seize and retain any article discovered in the course of a search carried out by him or by a constable by virtue of any provision of section 44(1) or (2) of that Act.

(2)References to a constable in subsections (1) and (4) of section 45 of that Act (which relate to the exercise of those powers) shall have effect in relation to the exercise of any of those powers by a CSO as references to a CSO.

(3)A CSO shall not exercise any power of stop, search or seizure by virtue of this paragraph except in the company, and under the supervision, of a constable.

Powers in relation to fireworksN.I.

17A CSO shall have the powers of a constable under—

(a)Article 3 of the 1989 Order in relation to any firework to which paragraph (9A) of that Article applies;

(b)regulation 7(4) of the Explosives (Fireworks) Regulations (Northern Ireland) 2002.

InterpretationN.I.

18(1)In this Schedule—

• “a CSO” means a person designated as a community support officer under section 30A;

• “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989.

(2)Expressions used in this Schedule and in the 1989 Order have the same meaning in this Schedule as in that Order.]

Section 32

SCHEDULE 3N.I.Police powers: amendments

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

1N.I.In Article 2 of the 1989 Order (general interpretation) after paragraph (4) insert—

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

2N.I.In Article 20(5) of the 1989 Order (power of constable to conduct search of arrested person’s premises before taking him to a police station) for “taking the person” substitute “ the person is taken ”.

3N.I.In Article 55A(6) of the 1989 Order (persons entitled to carry out search or examination or to take photographs) for sub-paragraphs (a) and (b) and the words after sub-paragraph (b) substitute “ constables ”.

4N.I.In Article 61 of the 1989 Order (fingerprinting) after paragraph (8) insert—

“(8A)The fingerprints of a person detained at a police station may be taken without the appropriate consent by a constable.”

5N.I.In Article 63 of the 1989 Order (non-intimate samples) after paragraph (9) insert—

“(9A)The power to take a non-intimate sample from a person without the appropriate consent is exercisable by a constable.”

6N.I.In Article 64A(3) of the 1989 Order (persons entitled to photograph detainees) for sub-paragraphs (a) and (b) and the words after sub-paragraph (b) substitute “ constables ”.

7(1)Article 66 of the 1989 Order (codes of practice: supplementary) is amended as follows.N.I.

(2)After paragraph (8) insert—

“(8A)A person on whom powers are conferred or duties are imposed by a designation under section 30 or 31 of the Police (Northern Ireland) Act 2003 shall have regard to any relevant provision of a code of practice to which this Article applies in—

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

(b)the performance of the duties imposed on him by the designation.”

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

(c)of a person designated under section 30 or 31 of the Police (Northern Ireland) Act 2003 to comply with paragraph (8A),”.

Terrorism Act 2000 (c. 11)N.I.

8(1)Section 101 of the Terrorism Act 2000 (c. 11) (codes of practice: supplementary) is amended as follows.N.I.

(2)After subsection (5) insert—

“(5A)A person on whom powers are conferred or duties are imposed by a designation under section 30 or 31 of the Police (Northern Ireland) Act 2003 shall have regard to any relevant provision of a code of practice to which this section applies in—

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

(b)the performance of the duties imposed on him by the designation.”

(3)After subsection (7) insert—

“(7A)A failure by a person designated under section 30 or 31 of the Police (Northern Ireland) Act 2003 to comply with subsection (5A) shall not of itself make him liable to criminal or civil proceedings.”

Section 45

SCHEDULE 4N.I.Repeals and revocations

1N.I.The repeals in section 28(5) of the Police (Northern Ireland) Act 2000 have effect in accordance with section 8(6) above.

2N.I.The revocations in the Employment Rights (Northern Ireland) Order 1996 and the Public Interest Disclosure (Northern Ireland) Order 1998 have effect in accordance with section 26(4) above.