HC Deb 13 March 2001 vol 364 cc511-2W
Mr. McNamara

To ask the Secretary of State for Northern Ireland if he will(a) list those sections of emergency legislation where the exercise of police powers involves officers making contact with members of the public and (b) specify those areas of their powers where police have a responsibility to ascertain whether the member of the public is an adult. [150598]

Mr. Ingram

Such powers are currently governed by the provisions of Parts IV, V and VII of the Terrorism Act 2000, its related Schedules 5, 7, 8, 10 and 14; as well as the relevant Codes of Practice issued under the Act which stipulate an express requirement on the police to ascertain if an individual is a juvenile. For example in the Detention Code (in Northern Ireland issued under Section 99 of the Act) Section 1.7 statesIf anyone appears to be under the age of 17 then he or she shall be treated as a juvenile for the purposes of this Code in the absence of clear evidence to show that he or she is older".

Mr. McNamara

To ask the Secretary of State for Northern Ireland further to his answer of 30 January 2001,Official Report, columns 135–36W, if he will list and place in the Library the guidance that has been issued to police officers governing the treatment of minors under emergency legislation, under (a) Police and Criminal Evidence Act 1984 rules and (b) other rules. [150595]

Mr. Ingrain

'Minors', i.e. children under 10 years of age, have no criminal liability in law in Northern Ireland and are therefore not subject to PACE etc. Any intervention by the police, therefore, is from a 'care and welfare' perspective as provided for by the Common Law and the Children (Northern Ireland) Order 1995. "Juveniles', i.e. under 17 years of age, have the same rights as adults, with such additional safeguards as are stipulated in the various Codes of Practice issued under PACE, the Terrorism Act 2000, the Royal Ulster Constabulary manual and Force Order.

In common with the exercise of police powers in all other areas of the United Kingdom, Royal Ulster Constabulary officers have been receiving training and guidance on the principles arising from the Human Rights Act 1998.

The relevant legislation and Codes of Practice, except police operational documents, are available in the Library.