Part 2Regulation of activities involving human tissue

Exceptions

I1I239Criminal justice purposes

1

Subject to subsection (2), nothing in section 14(1) or 16(2) applies to anything done for purposes related to—

a

the prevention or detection of crime, or

b

the conduct of a prosecution.

2

Subsection (1) does not except from section 14(1) or 16(2) the carrying-out of a post-mortem examination for purposes of functions of a coroner.

3

The reference in subsection (2) to the carrying-out of a post-mortem examination does not include the removal of relevant material from the body of a deceased person, or from a part of the body of a deceased person, at the first place where the body or part is situated to be attended by a constable.

4

For the purposes of subsection (1)(a), detecting crime shall be taken to include—

a

establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed, and

b

the apprehension of the person by whom any crime was committed;

and the reference in subsection (1)(a) to the detection of crime includes any detection outside the United Kingdom of any crime or suspected crime.

5

In subsection (1)(b), the reference to a prosecution includes a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

6

In this section, references to crime include a reference to any conduct which—

a

constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom),

b

is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, or

c

constitutes one or more offences of a kind triable by court-martial under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).