Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 56 and Schedule 6: Special procedure for access to material relating to human remains
Section 56 introduces Schedule 6 which allows officers to apply to access excluded material or special procedure material that either constitutes, or relates to the location of, relevant human remains as defined in section 55(11), provided the specified conditions are met.
	Section 56(2) makes clear that the position in respect of the cross-border execution of warrants and orders granted under Schedule 1 to PACE (set out in section 4 of the Summary Jurisdiction (Process) Act 1881 in respect of Scotland and section 29 of the Petty Sessions (Ireland) Act 1851 in respect of Northern Ireland) is mirrored in respect of warrants and orders granted under Schedule 6. This provision therefore replicates insofar as possible section 9(2A) of PACE.
	Schedule 6 gives a judge the power to issue a production order to grant police officers access to excluded or special procedure material. Paragraph 1(1) of Schedule 6 provides that the judge may make such an order, following an application by a police officer, if the conditions set out at paragraphs 1(2) to (1)(6) of the Schedule are met. Those conditions are:
that there are reasonable grounds to believe the person specified in the application possesses, or holds on their premises, material that consists of, or is related to, the location of relevant human remains (para 1(2));
that there are reasonable grounds to believe this material includes, or consists of, excluded material or special procedure material (para 1(3)), but does not include or consist of material subject to legal privilege (para 1(4));
that other methods of obtaining the material have been tried without success or have not been tried because it appeared that they were bound to fail (para 1(5)) , for example because necessary conditions under other powers have not been met; and
that it is in the public interest for access to be given to this material, having regard to the need to ensure human remains are found and disposed of lawfully (para 1(6)(a)), for example to enable burial or cremation; and having regard to the circumstances under which the person in possession comes to hold it (para 1(6)(b)).
	Paragraph 2 specifies that the effect of an order made under this Schedule is that the person specified in the application must produce it to a constable or grant a constable access to the material before the end of seven days from the date of the order, unless a longer period is specified on the order.
	Paragraph 3(a) provides that where an order is made requiring information which is stored electronically to be produced to a constable, it must be produced in a form that can be taken away, and is either visible and legible, or can readily be made so. Under paragraph 3(b), where an order is made requiring access to information stored electronically to be given to a constable, the material must be visible and legible.
	Paragraph 4 requires in effect that where a constable has been given access to material under this Schedule, they must follow the provisions in sections 21 and 22 of PACE. In effect this requires a constable, within a reasonable time period, if so requested by the individual appearing to occupy the premises on which the material was held, or to have had custody or control the information or material at the point access was given, to provide that person with a record of what they accessed or took away. Similarly, should such a person or anyone acting on their behalf request access to anything taken away under this Schedule, access will be granted under the supervision of a constable. It makes similar provision where such an individual requests a copy or a photograph of any such material. These are subject to certain conditions.
	These provisions also make clear that any information or material taken away under this Schedule can be retained for as long as necessary in all the circumstances, and sets limitations on the purpose for which such information or material can be used.
	The requirements for notice of an application for an order under this Schedule are laid out in paragraph 5. If material sought consists of or includes journalistic material then the application must be made inter partes (paragraph 5(1)). Notice of application for an order may be served by delivering it to the relevant individual, leaving it at their proper address or sending it by post (paragraph 5(2)). Notice may also be served to a corporation or partnership and the relevant individuals on whom the notice is to be served and the proper addresses of such persons are set out in paragraph 5(3) and (4).
	Once notice has been served on an individual in respect of given material, that person may not hide, destroy, dispose of or alter that material without leave from a judge or written permission from a constable, until such time as the application has either been dismissed or abandoned or the individual in question has complied with the order made in respect of that the application (paragraph 6).
	Paragraph 7 provides that failure to comply with an order may be dealt with by a judge as if it were a contempt of court.
	Schedule 6 also includes provisions for a judge to issue a warrant authorising officers to enter and search premises for excluded or special procedure material with a view to locating relevant human remains. Paragraph 8(1) provides that a warrant may be issued if the following conditions, set out in paragraphs 8(2) – (4), are met:
That there are reasonable grounds to believe that there is material on the premises that may consist of human remains or relate to the location of relevant human remains;
That the conditions set out in paragraphs 1(3) to (6) of Schedule 6 are met in relation to the material in question (paragraph (3)), namely:
that there are reasonable grounds to believe this material includes or consists of excluded material or special procedure material (para 1(3)), but does not include or consist of material subject to legal privilege (paragraph 1(4));
that other methods of obtaining the material have been tried without success or have not been tried because it appeared that they were bound to fail (paragraph 1(5)), for example because necessary conditions under other powers have not been met; and
that it is in the public interest for access to be given to this material having regard to the need to ensure human remains are found and disposed of lawfully (paragraph 1(6)(a)), for example to enable burial or cremation; and to the circumstances under which the person in possession comes to hold it (paragraph 1(6)(b)); and
That there are reasonable grounds to believe that, in relation to each of the sets of premises specified in the application:
that it is not practicable to communicate with any person entitled to grant entry to the premises; or where communication with such a person is practicable, it is not practicable to communicate with any person entitled to grant access to the material;
that the material is subject to restrictions or a legal obligation of secrecy which are or is likely to be breached if disclosure is made without a warrant being issued; or
that there is a risk the purpose of the search may be seriously prejudiced if notice of an application for an order is given, for example where evidence may be removed or disposed of unless an officer can secure immediate access to it.
	Paragraph 8(5) confirms that a search warrant issued under this Schedule may be for specified premises (known as a ‘specific premises warrant’) or all premises owned or occupied by a particular individual (an "all premises warrant").
	Paragraph 9 provides that if the application is for an all premises warrant then the judge, in addition to the other conditions set in paragraph 8 of Schedule 6, must also be satisfied that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application; and that it is not reasonably practicable to specify all the premises occupied or controlled by that person which might need to be searched.
	Paragraph 10 provides that, if the justice of the peace is satisfied that it is necessary to fulfil the purpose of the search, the warrant may grant access to given premises on multiple occasions. If a warrant authorises multiple entries, its terms can limit those entries to a maximum number, or can permit an unlimited number of entries.
	Paragraph 11 provides that the police may seize and retain anything for which a search has been authorised under the search warrant and, if necessary, use reasonable force for the execution of the warrant.
	Paragraph 12 provides that provision may be made in the Criminal Procedure Rules about proceedings under this Schedule with the exception of proceedings for an order that relates to journalistic material.
	Paragraph 13 sets out that the costs of any application, or anything done in pursuance of an order under this Schedule shall be at the discretion of the judge.
	Paragraph 14 confirms that in this Schedule ‘journalistic material’ has the same meaning as in section 13 of PACE and specifies that, for these purposes, a judge means a Circuit judge, a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) or a District Judge (Magistrates’ Court).