Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 40 is up to date with all changes known to be in force on or before 05 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 40:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 2Prevention, investigation and prosecution of crime
CHAPTER 3Extraction of information from electronic devices
40Application 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.