Part 2: Prevention, investigation and prosecution of crime Chapter 3: Extraction of information from electronic devices Section 40: Application of section 37 where user has died etc.
Subsection (1) sets out that in three special cases an authorised person may exercise the power in section 37 to extract information from a device even though a user has not voluntarily handed over the device or agreed to extraction.
	The first case is where a user is deceased (subsection (2)).
	The second case is where a user is a child or adult without capacity, and the authorised person believes their life is at risk or there is a serious risk of harm to them (subsection (3)).
	The third case is where a user is missing, and the authorised person believes their life is at risk or there is a serious risk of harm to them (subsection (4)).
	In these cases, there is no requirement on the police or other authorised person to obtain the agreement of the deceased’s next of kin or user’s parent, guardian etc., albeit that the police or other authorised person may inform the next of kin or parent, guardian etc. that they are in possession of the device and have extracted information from it for the purposes of a criminal investigation or another purpose specified in section 37(2).