Part 1Coroners etc

Chapter 1Investigations into deaths

Inquests

9BF1 Surrender of electronic communications devices: powers of search etc

1

This section applies where an order has been made under section 9A in respect of the members of a jury.

2

A coroners' officer must, if ordered to do so by a senior coroner, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.

3

Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.

4

If the search reveals a device which is required by the order to be surrendered—

a

the officer must ask the juror to surrender the device, and

b

if the juror refuses to do so, the officer may seize it.

5

Subject to subsection (6), a coroners' officer may retain an article which was surrendered or seized under subsection (4) until the end of the period specified in the order.

6

If a coroners' officer reasonably believes that the device may be evidence of, or in relation to, an offence, the officer may retain it until the later of—

a

the end of the period specified in the order, and

b

the end of such period as will enable the officer to draw it to the attention of a constable.

7

A coroners' officer may not retain a device under subsection (6)(b) for a period of more than 24 hours from the time when it was surrendered or seized.

8

The Lord Chancellor may by regulations make provision as to—

a

the provision of written information about coroners' officers' powers of retention to persons by whom devices have been surrendered, or from whom devices have been seized, under this section,

b

the keeping of records about devices which have been surrendered or seized under this section,

c

the period for which unclaimed devices have to be kept, and

d

the disposal of unclaimed devices at the end of that period.

9

In this section—

  • electronic communications device” has the same meaning as in section 9A;

  • unclaimed device” means a device retained under this section which has not been returned and whose return has not been requested by a person entitled to it.