Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 55: Entry and search of premises for human remains or material relating to human remains
The purpose of sections 55 to 57 is to help the police to locate human remains in situations where it is not currently possible to do so. This legislation enables a justice of the peace, on an application by a constable, to issue a search warrant or production order with a view to facilitating access to material and information that may indicate the location of a deceased person’s body or remains (provided certain conditions are met).
	Significantly, the exercise of this power is not dependent on a belief that an indictable offence has been committed, nor that the information in question would likely comprise admissible evidence to support a subsequent prosecution, as currently required when applying for search warrants and production orders. These provisions are designed to provide closure to families, and to enable lawful and proper disposal of human remains. The sections mirror, as far as is possible, provisions for obtaining search warrants and production orders within PACE.
	Section 55 enables a justice of the peace in England and Wales to issue a search warrant, on an application by a constable, authorising an officer to enter and search premises (subsection (1)) if the following conditions are met:
that there are reasonable grounds for believing that the premises contain relevant human remains or material that may relate to the location of relevant human remains (subsection (2));
that there are reasonable grounds for believing that the material does not consist of or include items subject to legal privilege, excluded material, or special procedure material (subsection (3)); and
in respect of each set of premises set out in the application, it is not practicable to speak to a person entitled to either grant entry to the premises or access to the material; that entry will not be granted without a warrant being produced or that there is a risk that, unless a constable can gain immediate access to the premises, the purpose of the search will be frustrated or seriously prejudiced (subsection (4)). This could cover a situation, for example, where there is a concern that, in the absence of a warrant, the material in question might be destroyed or removed.
	Subsection (5) provides that the application may refer either to one or more sets of specified premises (a "specific premises warrant") or any premises occupied or controlled by a specified person (an "all premises warrant").
	Subsection (6) provides that if the application is for an all premises warrant then the justice of the peace must, in addition to the conditions at subsections (2) to (4), 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.
	Subsection (7) 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. Under subsection (8), if a warrant authorises multiple entries, its terms can limit those entries to a maximum number or can permit an unlimited number of entries.
	Subsection (9) provides that police may seize and retain anything found under the search warrant authorised under subsection (1) and, if necessary, to use reasonable force to execute a warrant.
	Subsection (10) provides that the power to issue a warrant under this section is in addition to any other existing power to issue a search warrant. Subsection (11) defines the term "relevant human remains" for the purposes of these provisions (this section, section 56 and Schedule 6). Warrants applied for under this section can only be issued with a view to locating relevant human remains.
	Relevant human remains for these purposes is defined as one of three set of circumstances. First, the remains or body of a person who the constable making the application reasonably believes has died in England and Wales but whose death has not been registered under section 15 of the Births and Deaths Registration Act 1953; second, the remains or body of a person whose death has been registered in the absence of a body following an investigation by a coroner under section 1(5) of the Coroners and Justice Act 2009; or third, the body or remains of a person in respect of whom a declaration of presumed death has been made under the Presumption of Death Act 2013.
	Subsection (12) provides that certain terms, namely "items subject to legal privilege", "excluded material", "special procedure material" and "premises" used in this section, section 56 and Schedule 6 have the same meaning as in PACE.