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