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National Security Act 2023

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This is the original version (as it was originally enacted).

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

This section has no associated Explanatory Notes

5(1)The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) is amended as follows.

(2)In Article 53A (meaning of “qualifying offence”), after paragraph (2)(v) insert—

“(w)an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.”

(3)In Article 57 (right to have someone informed when arrested), in paragraph (10), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

(4)In Article 59 (right to consult a solicitor), in paragraph (12), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

(5)In Article 61 (fingerprinting), in paragraph (9)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

(6)In Article 62 (intimate samples), after paragraph (12) insert—

“(12A)Nothing in this Article applies to a person arrested or detained under section 27 of the National Security Act 2023; and paragraph (1A) does not apply where the non‐intimate samples mentioned in that paragraph were taken under paragraph 10 of Schedule 6 to that Act.”

(7)In Article 63 (other samples), in paragraph (11), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

(8)In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 (N.I.)), after paragraph (4A) (as inserted by Schedule 4 to the Counter-Terrorism and Border Security Act 2019) insert—

“(4B)Articles 63B to 63Q do not apply to material to which—

(a)Part 4 of Schedule 6 to the National Security Act 2023 applies, or

(b)paragraph 6 of Schedule 12 to that Act applies.”

(9)In Article 64 (destruction of fingerprints and samples), in paragraph (8)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023”.

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