Schedules

Schedule 5Powers of coroners

Power of entry, search and seizure

5

1

A power under paragraph 3(4) is not exercisable unless the person exercising the power has reasonable grounds for believing—

a

that its exercise may assist the investigation, and

b

in the case of the seizure of anything, that the seizure is necessary to prevent the thing being concealed, lost, damaged, altered or destroyed.

2

The power under paragraph 3(4)(b) includes power to require any information that is stored in an electronic form and is on, or accessible from, the land to be produced in a form—

a

in which it can be taken away, and

b

in which it is legible or from which it can readily be produced in a legible form.

3

A power under paragraph 3(4) does not apply to any item that the person by whom the power is exercisable has reasonable grounds for believing to be subject to legal privilege.

4

Anything that has been seized or taken away under paragraph 3 may be retained for so long as is necessary in all the circumstances.

5

A person on whom a power is conferred by virtue of paragraph 3 may use reasonable force, if necessary, in the exercise of the power.

6

In this paragraph “subject to legal privilege”, in relation to an item, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984 (c. 60).