Legislation – Justice Act (Northern Ireland) 2015

Justice Act (Northern Ireland) 2015, Section 83 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 83:

s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
s. 13A⁠ inserted by 2022 c. 4 (N.I.) s. 4(7)
s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
s. 13A⁠ inserted by 2022 c. 4 (N.I.) s. 4(7)
s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)

PART 9MISCELLANEOUS

Personal samples, DNA profiles and fingerprints

Power to take further fingerprints or non-intimate samples83

(1)

In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting)—

(a)

in paragraphs (5A) and (5B) for the words after “investigation” in sub-paragraph (b) substitute“but—

(i)

paragraph (4A)(a) or (b) applies, or

(ii)

paragraph (5C) applies.”;

(b)

after paragraph (5B) insert—

“(5C)

This paragraph applies where—

(a)

the investigation was discontinued but subsequently resumed, and

(b)

before the resumption of the investigation the fingerprints were destroyed pursuant to Article 63B(2).””.

(2)

In Article 63 of that Order (non-intimate samples)—

(a)

at the end of paragraph (3ZA)(b) insert“, or

(iii)

paragraph (3AA) applies.”;

(b)

in paragraph (3A)(b) for “insufficient; or” substitute “insufficient, or

“(iii)

paragraph (3AA) applies; or”;

(c)

after paragraph (3A) insert—

“(3AA)

This paragraph applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—

(a)

any DNA profile derived from the sample was destroyed pursuant to Article 63B(2), and

(b)

the sample itself was destroyed pursuant to Article 63P(2), (3) or (10).”.

(3)

In Schedule 2A to that Order (fingerprinting and samples: power to require attendance at police station)—

(a)

in paragraph 1 (fingerprinting: persons arrested and released)—

(i)

in sub-paragraph (2) for “Article 61(5A)(b)” substitute “
Article 61(5A)(b)(i)
”;

(ii)

after sub-paragraph (3) insert—

“(4)

The power under sub-paragraph (1) may not be exercised in a case falling within Article 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”;

(b)

in paragraph 2 (fingerprinting: persons charged, etc.)—

(i)

in sub-paragraph (2)(b) for “Article 61(5B)(b)” substitute “
Article 61(5B)(b)(i)
”;

(ii)

at the end of sub-paragraph (2) insert “, or

“(c)

in a case falling within Article 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.”;

(c)

in paragraph 9 (non-intimate samples: persons arrested and released)—

(i)

in sub-paragraph (2) for “within Article 63(3ZA)(b)” substitute “
within Article 63(3ZA)(b)(i) or (ii)
”;

(ii)

after sub-paragraph (3) insert—

“(4)

The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”;

(d)

in paragraph 10 (non-intimate samples: person charged etc.)—

(i)

in sub-paragraph (3) for “within Article 63(3A)(b)” substitute “
within Article 63(3A)(b)(i) or (ii)
”;

(ii)

after sub-paragraph (4) insert—

“(5)

The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”.