90Retention and use of human tissue pursuant to direction

90 Retention and use of human tissue pursuant to direction

90 Retention and use of human tissue pursuant to direction

(cf Coroners Act 1980, s 48AA(1)–(3))

(1) This section applies to a post mortem investigation direction for the conduct of an examination or test in relation to a deceased person’s remains.

(2) A post mortem investigation direction to which this section applies is taken to authorise the removal and use of tissue from the body of the deceased person for any of the following purposes—

(a) an investigation by a coroner of the person’s death,

(b) an investigation of any offence,

(c) proceedings for any offence.

(3) A post mortem investigation direction to which this section applies is also taken to authorise the following—

(a) the retention of small samples of any of the following tissue removed from the body of the deceased person under subsection (2)—

(i) bodily fluid,

(ii) skin, hair and nails,

(iii) any other tissue retained in the form of a tissue slide or tissue block which enables microscopic examination of the tissue,

(iv) such tissue as may be directed in writing by a coroner in any particular case,

(b) if the tissue is tissue that was taken from the deceased person before his or her death—the retention of the tissue,

Note.

Section 53(2)(b) enables a coroner to give directions to a person to provide any tissue taken from a deceased person before his or her death to a specified person for the purposes of investigating the deceased person’s death. Section 89(1)(b)(iii) enables a coroner to give a post mortem investigation direction that any such tissue be examined or tested.

(c) the use of any sample retained under paragraph (a) or (b) for any of the following purposes—

(i) the exercise by a coroner of his or her functions under this Act,

(ii) an investigation of any offence,

(iii) any legal proceedings (whether or not in connection with an offence),