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.