PART 2Prevention, investigation and prosecution of crime
CHAPTER 3Extraction of information from electronic devices
I2I140Application of section 37 where user has died etc
1
If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—
a
the device has not been voluntarily provided to an authorised person by a user of the device, or
b
no user of the device has agreed to the extraction of information from the device by an authorised person.
2
Condition A is that—
a
a person who was a user of the electronic device has died, and
b
the person was a user of the device immediately before their death.
3
Condition B is that—
a
a user of the electronic device is a child or an adult without capacity, and
b
an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.
4
Condition C is that—
a
a person who was a user of the electronic device is missing,
b
the person was a user of the device immediately before they went missing, and
c
an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.
5
The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.