Northern Ireland’s Department of Justice is seeking views on proposed changes to a part of the Police and Criminal Evidence Order (Northern Ireland) 1989 (PACE NI).

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 a person is charged but not convicted of a qualifying offence, their DNA profile and fingerprints can be kept for three years;
• that if a person has 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 their DNA profile and fingerprints can be kept for three years; and
• the police can order a person back to a police station to have a DNA sample and fingerprints taken if they 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The DoJ is proposing that an updated list should include historic repealed offences; offences broadly similar to offences already contained in Article 53A; offences deemed to be serious because of their impact on society or because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.

The consultation is now under way and will run until midnight on 6 August 2025.