SCHEDULES
SCHEDULE 6Special procedure for access to material relating to human remains
I2I11Making of orders by judge
1
On an application made by a constable, a judge may make an order under paragraph 2 if the judge is satisfied that the following conditions are met.
2
The first condition is that there are reasonable grounds for believing that material that consists of, or may relate to the location of, relevant human remains—
a
is in the possession or control of a person specified in the application, or
b
is on premises occupied or controlled by a person specified in the application.
3
The second condition is that there are reasonable grounds for believing that the material consists of or includes excluded material or special procedure material.
4
The third condition is that there are reasonable grounds for believing that the material does not consist of or include items subject to legal privilege.
5
The fourth condition is that other methods of obtaining the material—
a
have been tried without success, or
b
have not been tried because it appeared that they were bound to fail.
6
The fifth condition is that it is in the public interest, having regard—
a
to the need to ensure that human remains are located and disposed of in a lawful manner, and
b
to the circumstances under which the person in possession of the material holds it,
that the material should be produced or access to it should be given.