Closed consultation

Consultation on paragraph 8.78 of the exercise of powers in the Justice and Security (Northern Ireland) Act 2007 Code of Practice

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

We are analysing your feedback

Visit this page again soon to download the outcome to this public feedback.

Summary

The NIO is seeking views on paragraph 8.78 of the Code of Practice, which relates to the exercise of stop and search powers and record keeping.

This consultation ran from
to

Consultation description

Following a 12 week consultation period, the Northern Ireland Office (NIO) introduced a Code of Practice in May 2013 for the exercise of certain statutory powers under the Justice and Security (Northern Ireland) Act 2007 by the Police Service of Northern Ireland (PSNI).

The Code sets out the fundamental principles which underpin the use of the powers.

The final Code of Practice included amendments to paragraph 8.78 on page 35 relating to the ‘Stopping and searching persons: Records section’. The paragraph that appears in the final Code is as follows:

A record of the stop will be made electronically by the officer. A unique reference number and guidance on how to obtain a full copy of the record must be provided to the person searched. If for any reason an electronic record cannot be made or a unique reference number cannot be provided at the time, guidance must still be given to the person searched.

This was the subject of a recent Judicial Review decision by the High Court of Northern Ireland, which determined that the Secretary of State should have re- consulted the public on the amended paragraph before seeking Parliament’s approval for the final version of the Code.

The NIO is now seeking views on this specific paragraph only.

Documents

Consultation on paragraph 8.78 of the exercise of powers in the Justice and Security (Northern Ireland) Act 2007 Code of Practice

Request an accessible format.
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email communications@nio.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Updates to this page

Published 11 November 2014

Sign up for emails or print this page