Coroners and Justice Act 2009

Prospective

Power of entry, search and seizure E+W

3 (1) A senior coroner conducting an investigation under this Part, if authorised— E+W

(a) by the Chief Coroner, or

(b) by another senior coroner nominated by the Chief Coroner to give authorisation,

may enter and search any land specified in the authorisation.

(2) An authorisation may be given only if—

(a) the senior coroner conducting the investigation has reason to suspect that there may be anything on the land which relates to a matter that is relevant to the investigation, and

(b) any of the conditions in sub-paragraph (3) are met.

(3) Those conditions are—

(a) that it is not practicable to communicate with a person entitled to grant permission to enter and search the land;

(b) that permission to enter and search the land has been refused;

(c) that the senior coroner has reason to believe that such permission would be refused if requested;

(d) that the purpose of a search may be frustrated or seriously prejudiced unless the senior coroner can secure immediate entry to the land on arrival.

(4) A senior coroner conducting an investigation under this Part who is lawfully on any land—

(a) may seize anything that is on the land;

(b) may inspect and take copies of any documents.

(5) A reference in this paragraph to land is not limited to land within the coroner area for which the senior coroner in question is appointed.

(6) A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.

4 (1) The person by whom an authorisation under paragraph 3(1) is given must make a record— E+W

(a) setting out the reasons for the suspicion referred to in paragraph 3(2)(a);

(b) specifying which of the conditions in paragraph 3(3) is met.

(2) Where the authorisation is given by a senior coroner nominated under paragraph 3(1)(b), that coroner must give the record made under this paragraph to the Chief Coroner.

(3) The Chief Coroner must retain a record made this paragraph until the Chief Coroner has given to the Lord Chancellor the report under section 36 for the calendar year in which the authorisation in question was given.

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

(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).