45Notice of intention to authorise exhumation

45 Notice of intention to authorise exhumation

(1) If the State Coroner intends to authorise the exhumation of a body, the State Coroner must ensure that notice of his or her intention is given to the senior next of kin of the deceased and that the senior next of kin is advised that—

(a) he or she may provide suggestions as to how and whether the proposed exhumation should be conducted; and

(b) if the State Coroner authorises the exhumation, he or she may appeal to the Supreme Court under Part 7 against the authorisation.

(2) If the body is in a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the cemetery trust responsible for the public cemetery.

(3) If the body is in a place of interment (within the meaning of the Cemeteries and Crematoria Act 2003) that is not a public cemetery, the State Coroner must also give notice of his or her intention to authorise an exhumation to the owner of the land where the place of interment is located.

(4) The State Coroner must have regard to suggestions made by the senior next of kin under subsection (1)(a) or any other person who provides written suggestions to the State Coroner in respect of the proposed exhumation.

(5) The State Coroner is not required to give notice under this section if the State Coroner has reasonable grounds to believe that—

(a) notice would result in—

(i) the escape of an offender or an accomplice; or

(ii) the fabrication or destruction of evidence; or

(b) the exhumation is urgent and the exhumation should not be delayed; or

(c) giving notice is impossible.