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| Made | 10th June 2004 | ||
| Laid before Parliament | 22nd June 2004 | ||
| Coming into operation in accordance with Article 1(2) and (3) |
| 1. | Title and commencements |
| 2. | Interpretation |
| 3. | Extension of powers to stop and search |
| 4. | Bail elsewhere than at police station |
| 5. | Limits on periods of detention without charge |
| 6. | Property of detained persons |
| 7. | Taking fingerprints without consent |
| 8. | Taking non-intimate samples without consent |
| 9. | Amendments related to Part II |
| 10. | Live links in criminal proceedings |
| 11. | Effect of, and rescission of, direction |
| 12. | Magistrates' courts permitted to sit at other locations |
| 13. | Warning to jury |
| 14. | Rules of court |
| 15. | Interpretation of Part III |
| 16. | Introduction |
| 17. | General right of appeal in respect of rulings |
| 18. | Expedited and non-expedited appeals |
| 19. | Continuation of proceedings for offences not affected by ruling |
| 20. | Determination of appeal by Court of Appeal |
| 21. | Right of appeal in respect of evidentiary rulings |
| 22. | Condition that evidentiary ruling significantly weakens prosecution case |
| 23. | Expedited and non-expedited appeals |
| 24. | Continuation of proceedings for offences not affected by ruling |
| 25. | Determination of appeal by Court of Appeal |
| 26. | Reversal of rulings |
| 27. | Appeals to the House of Lords |
| 28. | Costs |
| 29. | Effect on time limits in relation to preliminary stages |
| 30. | Restrictions on reporting |
| 31. | Offences in connection with reporting |
| 32. | Rules of court |
| 33. | Interpretation of Part IV |
| 34. | Orders |
| 35. | Repeals |
| 36 | Supplementary and consequential provision, etc |
| Schedule 1 | Amendments related to Part II |
| Schedule 2 | Qualifying offences for purposes of Article 21 |
| Schedule 3 | Repeals |
(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.
Interpretation
2.
- (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
Bail elsewhere than at police station
4.
- (1) Article 32 of the 1989 Order (arrest elsewhere than at police station) is amended as follows -
(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) After Article 32 of the 1989 Order insert -
(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.
Bail under Article 32A: supplemental
32C.
- (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 -
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.
Failure to answer to bail under Article 32A
32D.
- (1) A constable may arrest without warrant a person who -
(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 -
an arrest under this Article is to be treated as an arrest for an offence.".
Limits on periods of detention without charge
5.
In Article 43(1) of the 1989 Order (conditions to be satisfied before detention without charge may be extended from 24 to 36 hours), for sub-paragraph (b) substitute -
Property of detained persons
6.
- (1) Article 55 of the 1989 Order (searches of detained persons) is amended as follows.
(2) In paragraph (1) (custody officer at a police station to ascertain and record everything which a detained person has with him) omit "and record or cause to be recorded".
(3) For paragraph (2) (record of arrested person to be made as part of custody record) substitute -
Taking fingerprints without consent
7.
- (1) Article 61 of the 1989 Order (fingerprinting) is amended as follows.
(2) For paragraphs (3) and (4) (taking of fingerprints without appropriate consent) substitute -
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if -
(3) Paragraph (5) (authorisation to be given or confirmed in writing) shall cease to have effect.
(4) In paragraph (7) (reasons for taking of fingerprints without consent) for "paragraph (3) or (6)" substitute "paragraph (3), (4) or (6)".
Taking non-intimate samples without consent
8.
- (1) Article 63 of the 1989 Order (other samples) is amended as follows.
(2) After paragraph (2) (consent to be given in writing) insert -
(3) In paragraph (3)(a) (taking of samples without appropriate consent) omit "is in police detention or".
(4) In paragraph (3A) (taking of samples without appropriate consent after charge) for "(whether or not he falls within paragraph (3)(a))" substitute "(whether or not he is in police detention or held in custody by the police on the authority of a court)".
(5) In paragraph (8A) (reasons for taking of samples without consent) for "paragraph (3A)" substitute "paragraph (2A), (3A)".
Amendments related to Part II
9.
Schedule 1 (which makes amendments related to the provisions of this Part) shall have effect.
(3) A direction may be given under this Article -
(4) But a direction may not be given under this Article unless -
(5) The withdrawal of such a notification is not to affect a direction given under this Article before that withdrawal.
(6) In deciding whether to give a direction under this Article the court must consider all the circumstances of the case.
(7) Those circumstances include in particular -
(8) The court must state in open court its reasons for refusing an application for a direction under this Article and, if it is a magistrates' court, must cause them to be entered in the Order Book.
Effect of, and rescission of, direction
11.
- (1) Paragraph (2) applies where the court gives a direction under Article 10 for a person to give evidence through a live link in particular proceedings.
(2) The person concerned may not give evidence in those proceedings after the direction is given otherwise than through a live link (but this is subject to the following provisions of this Article).
(3) The court may rescind a direction under Article 10 if it appears to the court to be in the interests of justice to do so.
(4) Where it does so, the person concerned shall cease to be able to give evidence in the proceedings through a live link, but this does not prevent the court from giving a further direction under Article 10 in relation to him.
(5) A direction under Article 10 may be rescinded under paragraph (3) -
(6) But an application may not be made under paragraph (5)(a) unless there has been a material change of circumstances since the direction was given.
(7) The court must state in open court its reasons -
and, if it is a magistrates' court, must cause them to be entered in the Order Book.
Magistrates' courts permitted to sit at other locations
12.
- (1) This Article applies where -
(2) The court may sit for the purposes of the whole or any part of the proceedings at any place at which such facilities are available and which has been appointed for the purposes of this Article by the Secretary of State.
Warning to jury
13.
- (1) This Article applies where, as a result of a direction under Article 10, evidence has been given through a live link in proceedings before the Crown Court.
(2) The judge may give the jury (if there is one) such direction as he thinks necessary to ensure that the jury gives the same weight to the evidence as if it had been given by the witness in the courtroom or other place where the proceedings are held.
Rules of court
14.
- (1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2) Rules of court may in particular make provision -
(3) The provision which may be made by virtue of paragraph (2)(a) includes provision -
(4) Nothing in this Article is to be taken as affecting the generality of any statutory provision conferring power to make rules of court.
Interpretation of Part III
15.
- (1) In this Part -
(2) In this Part "live link" means a live television link or other arrangement by which a witness, while at a place in the United Kingdom which is outside the building where the proceedings are being held, is able to see and hear a person at the place where the proceedings are being held and to be seen and heard by the following persons.
(3) They are -
(4) The extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing is to be disregarded for the purposes of paragraph (2).
(5) Nothing in this Part is to be regarded as affecting any power of a court -
(3) An appeal under this Part is to lie to the Court of Appeal.
(4) Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
(5) If the prosecution requests an adjournment under paragraph (4)(b), the judge may grant such an adjournment.
(6) Where the ruling relates to two or more offences -
(7) Where -
that other ruling, or those other rulings, are also to be treated as the subject of the appeal.
(8) The prosecution may not inform the court in accordance with paragraph (4) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to that offence should be acquitted of that offence if either of the conditions mentioned in paragraph (9) is fulfilled.
(9) Those conditions are -
(10) If the prosecution informs the court in accordance with paragraph (4) that it intends to appeal, the ruling mentioned in paragraph (1) is to continue to have no effect in relation to the offence or offences which are the subject of the appeal whilst the appeal is pursued.
(11) If and to the extent that a ruling has no effect in accordance with this Article -
(12) Where the prosecution has informed the court of its agreement under paragraph (8) and either of the conditions mentioned in paragraph (9) is fulfilled, the judge or the Court of Appeal must order that the defendant in relation to the offence or each offence concerned be acquitted of that offence.
(13) In this Article "applicable time", in relation to a trial on indictment, means any time (whether before or after the commencement of the trial) before the time when the judge starts his summing-up to the jury.
(14) The reference in paragraph (13) to the time when the judge starts his summing-up to the jury includes the time when the judge would start his summing-up if there were a jury.
Expedited and non-expedited appeals
18.
- (1) Where the prosecution informs the court in accordance with Article 17(4) that it intends to appeal, the judge must decide whether or not the appeal should be expedited.
(2) If the judge decides that the appeal should be expedited, he may order an adjournment.
(3) If the judge decides that the appeal should not be expedited, he may -
(4) If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in paragraph (3)(a) or (b).
Continuation of proceedings for offences not affected by ruling
19.
- (1) This Article applies where the prosecution informs the court in accordance with Article 17(4) that it intends to appeal.
(2) Proceedings may be continued in respect of any offence which is not the subject of the appeal.
Determination of appeal by Court of Appeal
20.
- (1) On an appeal under Article 17, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
(2) Paragraphs (3) to (5) apply where the appeal relates to a single ruling.
(3) Where the Court of Appeal confirms the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(4) Where the Court of Appeal reverses or varies the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, do any of the following -
(5) But the Court of Appeal may not make an order under paragraph (4)(a) or (b) in respect of an offence unless it considers it necessary in the interests of justice to do so.
(6) Paragraphs (7) and (8) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
(7) Where the Court of Appeal confirms the ruling that there is no case to answer, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(8) Where the Court of Appeal reverses or varies the ruling that there is no case to answer, it must in respect of the offence or each offence which is the subject of the appeal, make any of the orders mentioned in paragraph (4)(a) to (c) (but subject to paragraph (5)).
(2) A "qualifying evidentiary ruling" is an evidentiary ruling of a judge in relation to a trial on indictment which is made at any time (whether before or after the commencement of the trial) before the opening of the case for the defence.
(3) The prosecution may not appeal in respect of a single qualifying evidentiary ruling unless the ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
(4) The prosecution may not appeal in respect of two or more qualifying evidentiary rulings unless each ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
(5) If the prosecution intends to appeal under this Article, it must before the opening of the case for the defence inform the court -
(6) In respect of the ruling, or each ruling, to which the appeal relates -
(7) The prosecution must, at the same time that it informs the court in accordance with paragraph (5), inform the court of the offence or offences which are the subject of the appeal.
(8) For the purposes of this Article, the case for the defence opens when, after the conclusion of the prosecution evidence, the earliest of the following events occurs -
(9) In this Article -
(10) The Secretary of State may by order amend that Schedule by doing any one or more of the following -
(11) Nothing in this Article affects the right of the prosecution to appeal in respect of an evidentiary ruling under Article 17.
Condition that evidentiary ruling significantly weakens prosecution case
22.
- (1) Leave to appeal may not be given in relation to an appeal under Article 21 unless the judge or, as the case may be, the Court of Appeal is satisfied that the relevant condition is fulfilled.
(2) In relation to an appeal in respect of a single qualifying evidentiary ruling, the relevant condition is that the ruling significantly weakens the prosecution's case in relation to the offence or offences which are the subject of the appeal.
(3) In relation to an appeal in respect of two or more qualifying evidentiary rulings, the relevant condition is that the rulings taken together significantly weaken the prosecution's case in relation to the offence or offences which are the subject of the appeal.
Expedited and non-expedited appeals
23.
- (1) Where the prosecution informs the court in accordance with Article 21(5), the judge must decide whether or not the appeal should be expedited.
(2) If the judge decides that the appeal should be expedited, he may order an adjournment.
(3) If the judge decides that the appeal should not be expedited, he may -
(4) If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in paragraph (3)(a) or (b).
Continuation of proceedings for offences not affected by ruling
24.
- (1) This Article applies where the prosecution informs the court in accordance with Article 21(5).
(2) Proceedings may be continued in respect of any offence which is not the subject of the appeal.
Determination of appeal by Court of Appeal
25.
- (1) On an appeal under Article 21, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
(2) In addition, the Court of Appeal must, in respect of the offence or each offence which is the subject of the appeal, do any of the following -
(3) But no order may be made under paragraph (2)(c) in respect of an offence unless the prosecution has indicated that it does not intend to continue with the prosecution of that offence.
Reversal of rulings
26.
The Court of Appeal may not reverse a ruling on an appeal under this Part unless it is satisfied -
Appeals to the House of Lords
27.
- (1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2) In the heading to Part II (appeal to the House of Lords from decision under Part I) for "from decision under Part I" substitute "from Court of Appeal".
(3) In section 31(1) (right of appeal to the House of Lords) after "Order 1988" insert "or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)".
(4) In section 35 (bail on appeal by the defendant) after "preparatory hearings)" insert "or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)".
Costs
28.
- (1) The Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10) is amended as follows.
(2) After section 4(1) (prosecution costs on appeal to be met by the accused) insert -
(3) In section 4(2A) (defence costs on an appeal to be met by the Secretary of State) after "Order 1988" insert "or under Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)".
Effect on time limits in relation to preliminary stages
29.
- (1) In Article 12 of the Criminal Justice (Northern Ireland) Order 2003 (NI 13) (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) after paragraph (6) insert -
(2) In section 72 of the Terrorism Act 2000 (c. 11) (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings for scheduled offences) after subsection (6) insert -
Restrictions on reporting
30.
- (1) Except as provided by this Article no publication shall include a report of -
(2) The judge may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of -
(3) The Court of Appeal may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of -
(4) The House of Lords may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of -
(5) Where there is only one defendant and he objects to the making of an order under paragraph (2), (3) or (4) -
(6) Where there are two or more defendants and one or more of them object to the making of an order under paragraph (2), (3) or (4) -
(7) Paragraph (1) does not apply to the inclusion in a publication of a report of -
at the conclusion of the trial of the defendant or the last of the defendants to be tried.
(8) Paragraph (1) does not apply to a report which contains only one or more of the following matters -
(9) The addresses that may be included in a report by virtue of paragraph (8) are addresses -
(10) Nothing in this Article affects any prohibition or restriction by virtue of any other statutory provision on the inclusion of any matter in a publication.
(11) In this Article -
Offences in connection with reporting
31.
- (1) This Article applies if a publication includes a report in contravention of Article 30.
(2) Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3) Where the publication is a relevant programme -
is guilty of an offence.
(4) In the case of any other publication, any person publishing it is guilty of an offence.
(5) For the purposes of this Article, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words "the liability of whose members is limited" and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(6) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Proceedings for an offence under this Article may not be instituted otherwise than by or with the consent of -
(8) In paragraph (7) "the relevant date" means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.
Rules of court
32.
- (1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2) Without limiting paragraph (1), rules of court may in particular make provision -
(3) Nothing in this Article is to be taken as affecting the generality of any statutory provision conferring powers to make rules of court.
Interpretation of Part IV
33.
- (1) In this Part -
(2) Any reference in this Part (other than Article 32(2)(c)) to a judge is a reference to a judge of the Crown Court.
(3) There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either Article 17(4) or 21(5).
(4) Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.
(5) Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).
which the Secretary of State considers necessary or expedient.
(2) An order containing provision made under -
shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.
Repeals
35.
The statutory provisions mentioned in Schedule 3 are repealed to the extent specified there.
Supplementary and consequential provision, etc
36.
- (1) The Secretary of State may by order make -
which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Order.
(2) An order under paragraph (1) may, in particular -
(3) Nothing in this Article limits the power by virtue of Article 34(1)(b) to include transitional or saving provision in an order under Article 1(3).
(4) The amendments that may be made under paragraph (2)(b) are in addition to those made by any other provision of this Order.
A. K. Galloway
Clerk of the Privy Council
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.".
2.
In Article 35 (limitations on police detention), for paragraph (8) substitute -
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.".
3.
In Article 36(1) (designated police stations), for "Article 32(3), (5) and (6)" substitute "Articles 32(3), (5) and (6), 32A(5) and 32D(2)".
4.
In Article 37 (custody officers at police stations), after paragraph (7) insert -
5.
In Article 42(2) (calculation of periods of time), after sub-paragraph (b) insert -
6.
In Schedule 2, in paragraph 22 (powers of escort officer to take arrested person to prison) in sub-paragraph (1)(a), for "paragraph (1) of Article 32" substitute "paragraph (1A) of Article 32".
| Short Title | Extent of repeal |
| The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12). |
In Article 3(8), the word "and" at the end of sub-paragraph (d). In Article 55(1) the words "and record or cause to be recorded". Article 61(5). In Article 63(3)(a), the words "is in police detention or". |
| The Police (Amendment) (Northern Ireland) Order 1995 (NI 17). | Article 7(2). |
| The Anti-terrorism, Crime and Security Act 2001 (c. 24). | Section 91(2). |
| The Police (Northern Ireland) Act 2003 (c. 6). | In Schedule 3, paragraph 2. |
Crown copyright 2004
Prepared 30 June 2004