A 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

The Police and Criminal Evidence (Northern Ireland) Order 1989 (PACE NI) and its associated Codes of Practice are vital parts of the framework of legislation providing the police with the powers they need to investigate crime.  A qualifying offence is an offence, or ancillary offence, specified under Article 53A of PACE NI.

The current list of qualifying offences in Northern Ireland contains offences such as murder, rape, grievous bodily harm, assault occasioning actual bodily harm, robbery and burglary, and numerous sexual, indecency, and firearms offences. These offences are considered to be the most serious and those convicted of such offences are of greatest risk to the public.

The designation of an offence as a qualifying offence has implications for the following:

• the maximum length of time that DNA profiles and fingerprints can be retained;
• the timelines for statutory reviews of retained DNA profiles and fingerprints;
• the retention of DNA profiles and fingerprints from individuals charged but not convicted of a qualifying offence;
• the retention of DNA profiles and fingerprints from individuals who have been arrested for, but not charged with, a qualifying offence (only if prescribed circumstances are passed by the NI Assembly); and
• the range of individuals that the PSNI can recall to a police station to have their DNA samples and fingerprints taken (the police will have a power to take DNA samples and fingerprints from certain individuals convicted of past offences, with no time restrictions on the taking powers if the offence is a qualifying offence. This will assist in the detection of crime by allowing the use of DNA profiles and fingerprints to link such individuals to unsolved past crimes, or crimes they might commit in the future).

Therefore, it is vital that the list of offences in Article 53A is as complete as possible, given its importance in ensuring a graduated approach to the retention of DNA profiles and fingerprints. 

On the following page you will be asked to provide some information about yourself.  

We would encourage everyone with an interest in this matter to read the consultation paper, attached below, and submit a response.

Alternative Formats

An easy read version of the consultation document is available on the DoJ website. If it would assist you to access either document in an alternative format or language, please contact PACEConsultation@justice-ni.gov.uk