A consultation providing details of proposed changes to a part of
the Police and Criminal Evidence Order (Northern Ireland) 1989
(PACE NI) has been launched.
PACE NI is the legislation that gives police the power to
investigate crime and includes powers for the police to take and
retain a suspect's fingerprints and DNA as part of an
investigation.
The Justice Bill, currently being scrutinised by the Northern
Ireland Assembly's Justice Committee, proposes changes to PACE
NI, including setting new maximum retention periods for DNA and
fingerprints, and a requirement to review the need to continue to
hold a person's DNA and fingerprints. An important principle of
the Justice Bill is that, for the most serious offences,
fingerprints and DNA could be held for longer.
The most serious offences are known as ‘qualifying offences' and
these are listed in Article 53A of PACE NI.
If the Justice Bill is approved by the Assembly, and if an
offence is a ‘qualifying offence' it will mean:
- that DNA profiles and fingerprints can be kept for longer.
- that any review of the need to keep DNA profiles and
fingerprints will be at a later date when compared to a review
period for a minor offence.
- that if you are charged but not convicted of a qualifying
offence your DNA profile and fingerprints can be kept for three
years.
- that if you have been arrested but not charged with a
qualifying offence (only if certain rules are passed by the NI
Assembly) the Northern Ireland Biometrics Commissioner can order
that your DNA profile and fingerprints can be kept for three
years.
- the police can order you back to a police station to have a
DNA sample and fingerprints taken if you have been convicted of a
qualifying offence, no matter how long ago, and not had a DNA
sample and fingerprints taken before.
The current qualifying offences list contains serious offences
such as murder, rape, grievous bodily harm, serious assaults,
robbery and burglary, sexual assault, indecency and firearms
offences.
The DoJ is proposing that an updated list should contain the
following:
- historic repealed offences:
- offences broadly similar to offences already contained in
Article 53A;
- offences deemed to be serious because of their impact on
society or because they may lead to, or be associated with, the
most serious offences; and
- terrorism related offences (the addition of any terrorism
related offences would be the responsibility of the Westminster
Government).
More information is available in the consultation document on the
DoJ website at Consultation on the contents of
the list of Qualifying Offences as specified under Article 53A of
the Police and Criminal Evidence (Northern Ireland) Order 1989 |
Department of Justice
Responses to the consultation should be made through the Citizen
Space website: https://consultations.nidirect.gov.uk/doj/qualifying-offences-article-53a-pace-ni
The consultation will run for a 14 week period from 1 May 2025 to
11.59pm on 6 August 2025.
Notes to editors:
- The legislation is available at the following link https://www.legislation.gov.uk/nisi/1989/1341/article/53A
