Stop & Search Powers
The general legislation on police powers in Northern Ireland is similar to that in England and Wales, namely the Police and Criminal Evidence (NI) Order 1989 as amended. This is commonly called PACE for short.
Additional offences are now covered in the Terrorism Act 2000 as amended, which is a UK-wide act.
The Army may be called upon by the police to assist in the maintenance of order. They must act under the direction of the police, although the police cannot interfere with operational matters.
Ordinary stop and questioning powers
There is no power for the police to stop and question people at common law. The police may attempt to stop persons for the purpose of foundry questioning, and most people will cooperate. However, there is no legal obligation to do so apart from where legislation so provides.
PACE allows the police to stop people for the purpose of searching and arrest. Questioning may take place during detention after arrest. There is no legal duty to respond. However, under more modern legislation, silence may be deemed corroboration of guilt.
There are powers whereby the police may stop persons generally irrespective of suspicion. These arise principally under road, traffic, and antiterrorism law.
The police have powers to stop and search under PACE. This applies only in relation to certain offences.
The police may stop, detain, and search a person if there are reasonable grounds for suspecting that they may find stolen or prohibited items. A prohibited item would include offensive weapons or something used for burglary or theft. The power may be exercised in public places.
A person may be searched where he has been lawfully arrested. Any weapon or evidence may be seized.
The Terrorism Act 2000 was a UK-wide act that replaced pre-existing emergency legislation, including the Prevention of Terrorism Act in Northern Ireland. Part 7 of the act contains specific anti-terrorist provisions applicable to Northern Ireland. Part 7 is temporary and is maintained only for as long as additional powers are required in Northern Ireland (2003). Its effect ceased in 2006.
Terrorism means the use or threat of the following:
- Serious violence
- Serious damage to property
- Danger to a person’s life
- Create a serious risk to the health and safety of the public or a section
- Designed to interfere with or seriously disrupt an electronic system
The threat must be used for the purpose of advancing a political, religious, or ideological cause and must be designed to influence the government or intimidate the people or a section of the public. Where firearms or explosives are involved, the condition need not be shown.
There are a number of terrorist-type offences, including:
- Belonging to or professing to belong to a prescribed organization
- Fundraising or using properties for the purposes of terrorism
- Inviting support, addressing meetings, furthering the activities of a prescribed organization
- Laundering terrorist property
- Providing weapons training
- Directing a terrorist organization
- Possessing articles or collecting information for the purpose of terrorism
- Inciting terrorism overseas
Under the Terrorism Act, a police officer (or soldier) may stop and question persons as long as necessary about their identity and movements, recent incidents endangering the lives, or about a person killed or injured in an explosion or incident. It is an offence to fail to stop and answer questions to the best of the person’s ability. Failure to do so is an offence which may be tried in the magistrate’s court.
It is an offence under the Anti-terrorism, Crime, and Security Act 2001 to fail to disclose to the police, without reasonable excuse, information which one knows or believes might be of material assistance in preventing the commission of terrorism or in securing the apprehension, prosecution, or conviction of terrorists.
The maximum penalty is 5 years’ imprisonment and an unlimited fine. More generally, it is an offence under the Criminal Law Act (NI) 1867 to fail to give information to the police about an arrestable offence.