Police, Crime, Sentencing and Courts Act 2022

Making of orders by judge

1 (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.