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The Police and Criminal Evidence (Northern Ireland) Order 1989

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The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 26 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Arrest without warrant for arrestable offencesN.I.

F126.—(1) The powers of summary arrest conferred by the following paragraphs shall apply—

(a)to offences for which the sentence is fixed by law;

(b)to offences for which a person of 21 years of age or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by Article 46(4) of the Magistrates' Courts (Northern Ireland) Order 1981F2); and

(c)to the offences to which paragraph (2) applies,

and in this Order “arrestable offence” means any such offence.

(2 )F3 F4The offences to which this paragraph applies are—

(a)offences for which a person may be arrested under the customs and excise Acts, as defined in section 1(1) of the Customs and Excise Management Act 1979F5;

(b)offences under the Official Secrets Act 1920F6 that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them;

(c)offences under any provision of the Official Secrets Act 1989, except section 8(1), (4) or (5);

(d)offences under section 2 of the Criminal Law Amendment Act 1885F7 (procuration); and

(e)offences under Article 172 of the Road Traffic (Northern Ireland) Order 1981F8 (taking motor vehicle or other con‐veyance without authority etc.) or under section 12(2) (taking of vehicles and other conveyances without authority) or section 24(1) (going equipped for stealing, etc.) of the Theft Act (Northern Ireland) 1969F9.

[F10(ee)offences under Article 167(1) of the Road Traffic (Northern Ireland) Order 1981 (driving while disqualified);]

[F11(f)an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs and pseudo-photographs of children).]

Sub-para. (g) subst. by 1998 NI 6

[F12(h)an offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (harassment);

(i)an offence under Article 25 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (contravention of non-molestation orders etc.)]

[F13(iza)an offence under Article 18(3) of the Public Order (Northern Ireland) Order 1987 (riotous behaviour in public place);]

[F14(ia)an offence under Article 23A(7) of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)) (failing to comply to requirement to remove disguise).]

[F15(j)an offence mentioned in section 14(1) of the Wireless Telegraphy Act 1949 (offences under that Act which are triable either way);]

[F14(j)an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (unauthorised presence in restricted zone or on aircraft);

(k)an offence under section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome).]

[F16(l)an offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—

(i)a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or

(ii)a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers.]

[F17(m)an offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38) (having possession of a controlled drug) in respect of cannabis or cannabis resin (within the meaning of that Act).]

[F18(n)an offence under Article 61(1) of the Firearms (Northern Ireland) Order 2004 (NI 3) (carrying a firearm in a public place) in respect of an air gun or imitation firearm.]

[F19(n)an offence under section 42 of the Offences against the Person Act 1861 (c. 100) (common assault etc).]

[F20(o)an offence under section 9(3) of the Prevention of Terrorism Act 2005.]

[F21(p)an offence under any of the following provisions of the Sexual Offences Act 2003—

(i)section 66 (exposure);

(ii)section 67 (voyeurism);

(iii)section 69 (intercourse with an animal);

(iv)section 70 (sexual penetration of a corpse);

(v)section 71 (sexual activity in public lavatory).]

[F22(r)offences under section 21(1), 27(1) or 31(1) of the London Olympic Games and Paralympic Games Act 2006 (unauthorised advertising, trading and ticket sales).]

(3) Without prejudice to Article 4 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983F23, the powers of summary arrest conferred by the following paragraphs shall also apply to the offences of—

(a)conspiring to commit any of the offences mentioned in paragraph (2);

(b)attempting to commit any such offence;

(c)inciting, aiding, abetting, counselling or procuring the commission of any such offence;

and such offences are also arrestable offences for the purposes of this Order.

(4) Any person may arrest without a warrant—

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

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

(5) Where an arrestable offence has been committed, any person 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.

(6) Where a constable has reasonable grounds for suspecting that an arrestable offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence.

(7) A constable may arrest without a warrant—

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

(b)anyone whom he has reasonable grounds for suspecting to be about to commit an arrestable offence.

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