Justice Bill
Clause 21: Detention
Clause 21 has two parts that relate to the functions of extending detention via use of live links and warrants for further detention via live links in connection with the authorisation of extensions of pre-charge detention.
Clause 21
Detention
21.—(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
(2) After Article 46 (detention before charge: supplementary) insert—
“Use of live links
Functions of extending detention: use of live links
46ZA.—(1) The functions of a police officer under Article 43(1) or (2) may be performed, in relation to an arrested person who is held at a police station, by an officer who is not present at the police station but has access to the use of a live link if—
(a) a custody officer considers that the use of the live link is appropriate,
(b) the arrested person has had advice from a solicitor on the use of the live link, and
(c) the appropriate consent to the use of the live link has been given.
(2) In paragraph (1)(c), “the appropriate consent” means—
(a) in relation to a person who has attained the age of 18, the consent of the person;
(b) in relation to a person who has not attained the age of 18 but has attained the age of 14, the consent of the person and of the person’s parent or guardian;
(c) in relation to a person who has not attained the age of 14, the consent of the person’s parent or guardian.
(3) The consent of a person who has not attained the age of 18 (but has attained the age of 14), or who is a vulnerable adult, may only be given in the presence of an appropriate adult.
(4) Article 43 applies with the modifications set out in paragraphs (5) to (7) in any case where the functions of a police officer under that Article are, by virtue of paragraph (1), performed by an officer who is not at the police station where the arrested person is held.
(5) Paragraphs (4)(b) and (8)(b)(iii) and (iv) of that Article are each to be read as if, instead of requiring the officer to make a record, they required the officer to cause another police officer to make a record.
(6) Paragraph (5) of that Article is to be read as if it required the officer to give the persons mentioned in that paragraph an opportunity to make representations—
(a) if facilities exist for the immediate transmission of written representations to the officer, either in writing by means of those facilities or orally by means of the live link, or
(b) in any other case, orally by means of the live link.
(7) Paragraph (8) of that Article is to be read as if the reference in sub-paragraph (b) to the right conferred by Article 59 were omitted.
(8) In this Article—
“live link” means an arrangement by which an officer who is not present at the police station where an arrested person is held is able to see and hear, and to be seen and heard by, the arrested person and the arrested person’s solicitor (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of an authorisation under Article 43(1) or (2) or anything that occurs in connection with a decision whether to give such an authorisation (whether because of a mental disorder or for any other reason);
“appropriate adult”, in relation to a person aged under 18, means—
(a) the person’s parent or guardian or, if the person is in the care of an authority or voluntary organisation, a person representing that authority or organisation,
(b) a social worker of an authority, or
(c) if no person falling within sub-paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;
“appropriate adult”, in relation to a vulnerable adult, means—
(a) a relative, guardian or other person responsible for the vulnerable adult’s care,
(b) a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or
(c) if no person falling within sub-paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.
(9) In paragraph (8)—
(a) in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 77(1) of the Police (Northern Ireland) Act 2000;
(b) in the definition of “appropriate adult” in relation to a person aged under 18, “authority” and “voluntary organisation” have the meanings given by Article 2 of the Children (Northern Ireland) Order 1995.
Warrants for further detention: use of live links
46ZB.—(1) A magistrates’ court may give a live link direction for the purpose of the hearing of a complaint under Article 44 for a warrant authorising further detention of a person, or the hearing of a complaint under Article 45 for an extension of such a warrant, if—
(a) a custody officer considers that the use of a live link for that purpose is appropriate,
(b) the person to whom the complaint relates has had legal advice on the use of the live link,
(c) the appropriate consent to the use of the live link has been given, and
(d) it is not contrary to the interests of justice to give the direction.
(2) In paragraph (1)(c), “the appropriate consent” means—
(a) in relation to a person who has attained the age of 18, the consent of the person;
(b) in relation to a person who has not attained the age of 18 but has attained the age of 14, the consent of the person and of the person’s parent or guardian;
(c) in relation to a person who has not attained the age of 14, the consent of the person’s parent or guardian.
(3) The consent of a person who has not attained the age of 18 (but has attained the age of 14), or who is a vulnerable adult, may only be given in the presence of an appropriate adult.
(4) Where a live link direction is given, the requirement under Article 44(2)(b) for the person to whom the complaint relates to be brought before the court for the hearing does not apply.
(5) In this Article—
“live link direction” means a direction that a live link be used for the purposes of the hearing;
“live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of the hearing or what occurs at it (whether because of a mental disorder or for any other reason);
“appropriate adult”, in relation to a person aged under 18, means—
(a) the person’s parent or guardian or, if the person is in the care of an authority or voluntary organisation, a person representing that authority or organisation,
(b) a social worker of an authority, or
(c) if no person falling within sub-paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;
“appropriate adult”, in relation to a vulnerable adult, means—
(a) a relative, guardian or other person responsible for the vulnerable adult’s care,
(b) a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or
(c) if no person falling within sub-paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.
(6) In paragraph (5)—
(a) in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 77(1) of the Police (Northern Ireland) Act 2000;
(b) in the definition of “appropriate adult” in relation to a person aged under 18, “authority” and “voluntary organisation” have the meanings given by Article 2 of the Children (Northern Ireland) Order 1995.”.
(3) In Article 46A (use of video-conferencing facilities for decisions about detention)—
(a) for the heading substitute “Use of live links for other decisions about detention”;
(b) in paragraph (1)—
(i) for “the Secretary of State” substitute “the Department of Justice”;
(ii) in sub-paragraph (b), for the words from “video-conferencing facilities” to the end substitute “a live link”;
(c) in paragraph (3), for “the facilities mentioned in paragraph (1)” substitute “a live link”;
(d) in paragraph (7), in each of sub-paragraphs (a)(i) and (b), for “the video-conferencing facilities” substitute “the live link”;
(e) for paragraph (9) substitute—
“(9) In this Article, “live link”, in relation to any functions, means an arrangement by which the functions may be performed by an officer who is not present at the police station where an arrested person is held but who is able (for the purpose of the functions) to see and hear, and to be seen and heard by, the arrested person and any legal representative of that person (and for this purpose any impairment of eyesight or hearing is to be disregarded).”.
(4) In consequence of the amendments made by subsection (3), in Article 41A (use of telephone for review under Article 41)—
(a) in paragraph (2)(a), for “video conferencing facilities” substitute “a live link”;
(b) in paragraph (5) “video-conferencing facilities” substitute “live link”.