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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 14 December 2001 - onwards

91. Searches, examinations and fingerprinting: Northern Ireland

Amendments (requiring commencement) by Sch. 3 para. 1 to the Criminal Justice (Northern Ireland) Order 2004 [SI 2004 No. 1500], published 10 June 2004.

(1) After Article 55 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (searches of detained persons) insert-

"55A. Searches and examination to ascertain identity

(1) If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both-

(a) for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or

(b) for the purpose of facilitating the ascertainment of his identity.

(2) An officer may only give an authorisation under paragraph (1) for the purpose mentioned in sub-paragraph (a) of that paragraph if-

(a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or

(b) it is not practicable to obtain such consent.

(3) An officer may only give an authorisation under paragraph (1) in a case in which paragraph (2) does not apply if-

(a) the person in question has refused to identify himself; or

(b) the officer has reasonable grounds for suspecting that that person is not who he claims to be.