Part 2: Detention officers

93.     This Part covers powers that may be exercised by detention officers at police stations. Many of the powers are connected with the handling of persons in custody - an area of work in which police support staff are increasingly involved - such as powers to search detained persons, to take fingerprints and certain samples without consent and to take photographs. Providing designated police support staff and contracted-out staff with these and other powers will broaden the scope of the work they can undertake and ensure their work is underpinned by the law.

94.     Paragraph 11 enables a suitably designated detention officer to require persons who have been convicted of a recordable offence, have not been in police detention for the offence and have not had their fingerprints taken in connection with the offence or since the conviction, to attend a police station to have their fingerprints taken. Recordable offences are set out in regulations made under Article 29(4) of the 1989 Order.

95.     Paragraph 12 enables a designated detention officer to carry out non-intimate searches of persons detained at police stations or elsewhere and to seize items found during such searches. Restrictions on the scope of searching and seizure and on the circumstances in which searches can be carried out are applied to designated persons in the same way as to constables.

96.     Paragraph 13 enables a designated detention officer to carry out searches and examinations in order to determine the identity of persons detained at police stations. A designated detention officer may photograph any identifying marks found during such processes.

97.     Paragraph 14 enables a designated detention officer to take fingerprints without consent in the same circumstances that a constable may under the 1989 Order. He can also discharge the duty under the 1989 Order to inform the person concerned that his fingerprints may be the subject of a speculative search against existing records. Paragraph 15 gives a designated detention officer limited powers to take fingerprints from a person detained under terrorism provisions.

98.     Paragraph 16 enables a designated detention officer to discharge the duty to inform a person from whom an intimate sample is to be taken that the sample may be the subject of a speculative search against existing records.

99.     Paragraph 17 enables a designated detention officer to take non-intimate samples without consent and to inform the person from whom the sample is to be taken of any necessary authorisation by a senior officer and of the grounds for that authorisation. The designated person may also inform the person concerned that a non-intimate sample may be the subject of a speculative search against existing records. Paragraph 18 enables the designated officer to take a non-intimate sample from a person detained under terrorism provisions.

100.     Paragraph 19 enables a designated detention officer to require certain defined categories of persons who have been charged with or convicted of recordable offences to attend a police station to have a sample taken.

101.     Paragraph 20 enables a designated detention officer to photograph detained persons in the same way that constables may under the 1989 Order and paragraph 21 enables the designated detention officer to photograph a person detained under terrorism provisions.

Part 3: Escort Officers

102.     This Part covers escort powers. It includes powers enabling designated police support staff and contracted-out staff to transport arrested persons to police stations. It also allows designated civilians to escort detained persons from one police station to another or between police stations and other locations specified by the custody officer.

103.     Paragraph 22 enables a suitably designated person to carry out the duty of taking a person arrested by a constable to a police station as soon as practicable. That must be a designated station (i.e. a main station equipped for holding detainees) unless the person is working in an area not covered by such a station and it appears that it will not be necessary to hold the arrestee for more than six hours. The designated person may delay removal to a police station if the arrestee is required elsewhere for immediate investigative purposes. A designated person using powers under this paragraph is regarded as having the arrestee in lawful custody. He has a duty to prevent the arrestee's escape and is entitled to use reasonable force to prevent this. He also has the power to carry out non-intimate searches of the arrestee and to seize anything found as a result of such a search.

104.     Paragraph 23 enables a suitably designated person, with the authority of the custody officer, to escort detainees between police stations or between police stations and other specified locations. Once again, a designated person using powers under this paragraph is regarded as having the detainee in lawful custody. He has a duty to prevent escape and is entitled to use reasonable force to prevent this. He is also entitled to carry out non-intimate searches. Where the custody officer transfers a detainee to a designated person under these provisions, the designated person becomes responsible for ensuring that the detainee is treated in accordance with the 1989 Order and codes of practice.

Part 4:      Interpretation

105.     Paragraph 24 defines the meaning of certain terms used in Schedule 2.

Section 32 and Schedule 3: Police powers: amendments

106.     Section 32 gives effect to Schedule 3, which makes amendments consequential on sections 30 and 31.

Section 33: Designations: supplementary

107.     This section makes supplementary provisions relating to designations. Subsection (2) requires a designated person to produce his designation on request although subsection (3) makes it clear that failure to do so does not render performance or exercise of the designated powers invalid. Subsection (4) provides the Chief Constable with powers to modify or withdraw a designation at any time. Under subsection (5) if the Chief Constable withdraws the designation of a contracted-out individual he must notify the relevant contractor.

Section 34: Complaints and misconduct

108.     Section 34 gives the Secretary of State the power to provide in regulations for the handling of complaints and allegations of misconduct against designated civilians, including contracted-out staff, relating to the exercise of their functions as outlined in Schedule 2 to the Act. The regulations may in particular apply any provisions in Part 7 of the 1998 Act (Police Complaints and Disciplinary Proceedings) with appropriate modifications.

Section 35: Liability for unlawful conduct

109.     This section makes provision for the purposes of determining liability for unlawful conduct by a designated civilian in reliance on a designation. In the case of a member of the police support staff, the Chief Constable is to be treated as the employer and accordingly a joint tortfeasor. In the case of contracted-out staff, such conduct is to be treated as conduct in the course of the person's employment by the contractor and so the contractor will be a joint tortfeasor.

Section 36: Notifiable memberships

110.     Section 36 applies section 51 of the 2000 Act, regarding notifiable memberships, to designated police support staff and contracted-out staff. Under this provision designated civilians are required to inform the Chief Constable of membership of an organisation which might reasonably be regarded as affecting their ability to discharge their duties effectively and impartially.

Section 37: Code of ethics

111.     Section 37 gives the Secretary of State the power by Order to extend the application of section 52 of the 2000 Act to apply the Code of ethics issued under that section to designated police support staff and contracted-out staff. The Code has provisions relating to integrity, behaviour and the care of people in detention. These are matters that are directly relevant to the duties that will be undertaken by designated civilians.

Section 38: Assaults on, and obstruction of, designated persons

112.     Section 38 amends section 66 of the 1998 Act which makes it an offence to assault, resist, obstruct or impede a constable in the execution of his duty, or a person assisting a constable in the execution of his duty. The effect of the amendment is that it becomes an offence to do the same to a designated person, or a person assisting a designated person.

Section 39: Impersonation etc. of designated persons

113.     Section 39 amends section 67 of the 1998 Act (which makes it an offence to impersonate a police officer with intent to deceive). The effect of the amendment is that it becomes an offence for a person, with intent to deceive, to impersonate a designated person, to do something designed to suggest falsely that he is a designated person, or to suggest that his powers as a designated person are greater than they actually are.

Section 40: Designated persons: interpretation

114.     Section 40 deals with the interpretation of expressions used in sections 30 to 39, relating to designated persons. In particular it provides for expressions used in these sections, which are also used in the 2000 Act, to have the same meanings as when used in the 2000 Act.

SEARCHES AND SAMPLES

Section 41: Intimate searches

115.     This section amends Article 56 of the 1989 Order (intimate searches) and confers the power to use reasonable force on doctors and nurses carrying out an intimate search, including a drug offence search.

Section 42: Intimate samples

116.     Subsection (2) amends Article 62 of the 1989 Order (intimate samples). Its effect is that a an intimate sample other than a sample of urine or a dental impression (which may only be taken by a registered dentist) may be taken from a person by a registered health care professional as well as by a medical practitioner. Subsection (3) gives the definition of a registered health care professional as a registered nurse or a registered member of a health care profession designated by order made by the Secretary of State.

CODES OF PRACTICE

Section 43: Codes of practice

117.     Section 43 amends Article 66 of the 1989 Order on codes of practice. Its effect is that the Secretary of State may provide for a code of practice to have effect with the modifications that he sets out in an order. The modifications must be confined to one or more of the following:

• the effect of the code in relation to a period not exceeding two years specified in the order; and

• the effect of the code in relation to offences or descriptions of offenders specified in the order.

PART 3: GENERAL

Section 44:     Orders and regulations

118.     Section 44 provides for the making of orders and regulations under the Act. Subsection (3) provides that the provisions of sections 15, 16 and 19 may not be commenced, nor the period specified in section 23(6) extended, unless an order to this effect is approved by affirmative resolution of both Houses of Parliament. Subsection (4) provides that sections 16 and 19 may not be commenced if devolved government in Northern Ireland is in a state of suspension.

Section 45 and Schedule 4: Repeals and revocations

119.     Section 45 gives effect to the repeals and revocations, which are set out in Schedule 4.

Section 46: Extent

120.     Section 46 provides that the Act extends only to Northern Ireland.

Section 47: Short title

121.     Section 47 provides for the Act's short title.

COMMENCEMENT

122.     Sections 15, 16, 19, 26, 41 and 42 are subject to commencement by order. The other provisions of the Act come into force on Royal Assent, subject to specific commencement provisions in individual sections.

ANNEX TO NOTES

GLOSSARY

*The Board is the Policing Board for Northern Ireland.

*A DPP is a district policing partnership.

*The Patten Report is the report of the Independent Commission on Policing for Northern Ireland, "A New Beginning: Policing in Northern Ireland", published in September 1999.

*The 1998 Act is the Police (Northern Ireland) Act 1998.

*The 2000 Act is the Police (Northern Ireland) Act 2000.

* The Ombudsman is the Police Ombudsman.

*The Police Reform Act is the Police Reform Act 2002.

*The PSNI is the Police Service of Northern Ireland.

*The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order 1989.

*The Terrorism Act is the Terrorism Act 2000.

HANSARD REFERENCES

     The following table sets out the dates and Hansard references for each stage of this Act's passage through Parliament.

Royal Assent	8 April 2003	House of Lords Hansard	Vol 647	Col 125
		House of Commons Hansard	Vol 403	Col 173