Phone SeizedSituationsPolice and the phone of someone who has died
Police and the phone of someone who has died
What you must do, what you can refuse, and what they can do
Every claim below links to the source it comes from, with the wording quoted so you can check it yourself.
What they can do
A power the law gives them over you or your device.
Section 40(1) of the Police, Crime, Sentencing and Courts Act 2022 says that, 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 the device has not been voluntarily provided to an authorised person by a user of the device, or no user of the device has agreed to the extraction of information from the device by an authorised person. Section 40(2) says Condition A is that a person who was a user of the electronic device has died, and the person was a user of the device immediately before their death. Section 40(5) says the exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.
Police, Crime, Sentencing and Courts Act 2022, s.40(1) to (5)
“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— the device has not been voluntarily provided to an authorised person by a user of the device, or— no user of the device has agreed to the extraction of information from the device by an authorised person.—Condition A is that— a person who was a user of the electronic device has died, and— the person was a user of the device immediately before their death.—Condition B is that— a user of the electronic device is a child or an adult without capacity, and— an authorised person reasonably believes that the user's life is at risk or there is a risk of serious harm to the user.—Condition C is that— a person who was a user of the electronic device is missing,— the person was a user of the device immediately before they went missing, and— an authorised person reasonably believes that the person's life is at risk or there is a risk of serious harm to the person.—The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.”
Read it at legislation.gov.ukquote checked 2026-10-04
Under s.41(1) of the Police, Crime, Sentencing and Courts Act 2022, an authorised person may extract information stored on an electronic device from that device if a person who was a user of the device has died and was a user of the device immediately before their death. Under s.41(2), that power may be exercised only for the purposes of an investigation into the person’s death under Chapter 1 of Part 1 of the Coroners and Justice Act 2009, an inquest into the person’s death under the Coroners Act (Northern Ireland) 1959, or an investigation into the person’s death by the Lord Advocate. Under s.41(3), references in s.41(2) to the exercise of the power for the purposes of an investigation or inquest include exercising it for the purposes of determining whether an investigation should be conducted or an inquest should be held.
Police, Crime, Sentencing and Courts Act 2022, s.41(1) to (3)
“An authorised person may extract information stored on an electronic device from that device if— a person who was a user of the electronic device has died, and — the person was a user of the device immediately before their death.—The power in subsection (1) may be exercised only for the purposes of— an investigation into the person’s death under Chapter 1 of Part 1 of the Coroners and Justice Act 2009, — an inquest into the person’s death under the Coroners Act (Northern Ireland) 1959, or — an investigation into the person’s death by the Lord Advocate.—References in subsection (2) to the exercise of the power in subsection (1) for the purposes of an investigation or inquest include references to the exercise of that power for the purposes of determining whether an investigation should be conducted or an inquest should be held.”
Read it at legislation.gov.ukquote checked 2026-10-04
The extraction Code says the power in Section 41 is separate to the power in Section 37, which may also be used where a person has died if the purpose for obtaining information is for the detection, investigation or prosecution of a criminal offence related to their death.
Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 65 (first sentence) and 68
“The power in Section 41 may be used where a person who was a user of the device has died and, immediately before they died, they were a user of the device.—This is separate to the power in Section 37 which may also be used where a person has died if the purpose for obtaining information is for the detection, investigation or prosecution of a criminal offence related to their death.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
Limits on them
A rule that constrains them, or a remedy you can use.
Section 37(2) of the Police, Crime, Sentencing and Courts Act 2022 says the power in section 37(1) may be exercised only for the purposes of preventing, detecting, investigating or prosecuting crime; helping to locate a missing person; or protecting a child or an at-risk adult from neglect or physical, mental or emotional harm. Section 37(4) says an adult is an at-risk adult if the authorised person reasonably believes that the adult is experiencing, or at risk of, neglect or physical, mental or emotional harm, and is unable to protect themselves against the neglect or harm or the risk of it.
Police, Crime, Sentencing and Courts Act 2022, s.37(2) to (4)
“The power in subsection (1) may be exercised only for the purposes of— preventing, detecting, investigating or prosecuting crime, — helping to locate a missing person, or — protecting a child or an at-risk adult from neglect or physical, mental or emotional harm.—The reference in subsection (2) to crime is a reference to— conduct which constitutes one or more criminal offences in any part of the United Kingdom, or — conduct which, if it took place in any part of the United Kingdom, would constitute one or more criminal offences.—For the purposes of subsection (2) an adult is an at-risk adult if the authorised person reasonably believes that the adult— is experiencing, or at risk of, neglect or physical, mental or emotional harm, and — is unable to protect themselves against the neglect or harm or the risk of it.”
Read it at legislation.gov.ukquote checked 2026-10-04
Section 37(5) of the Police, Crime, Sentencing and Courts Act 2022 says an authorised person may exercise the power in section 37(1) only if, in a case where they propose to exercise the power for the purpose of preventing, detecting, investigating or prosecuting crime, they reasonably believe that information stored on the device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person; in a case where they propose to exercise it for the purpose of helping to locate a missing person or protecting a child or an at-risk adult, they reasonably believe that information stored on the device is relevant to that purpose; and in any case they are satisfied that exercise of the power is necessary and proportionate to achieve the purpose for which they propose to exercise it.
Police, Crime, Sentencing and Courts Act 2022, s.37(5)
“An authorised person may exercise the power in subsection (1) only if— in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(a), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person, — in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(b) or (c), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose, and — in any case, the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve the purpose within subsection (2) for which the person proposes to exercise the power.”
Read it at legislation.gov.ukquote checked 2026-10-04
Section 41(4) of the Police, Crime, Sentencing and Courts Act 2022 says an authorised person may exercise the power in subsection (1) only if they reasonably believe that information stored on the device is relevant to a purpose within subsection (2), and are satisfied that exercise of the power is necessary and proportionate to achieve that purpose.
Police, Crime, Sentencing and Courts Act 2022, s.41(4)
“An authorised person may exercise the power in subsection (1) only if— the authorised person reasonably believes that information stored on the electronic device is relevant to a purpose within subsection (2), and — the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve that purpose.”
Read it at legislation.gov.ukquote checked 2026-10-04
Section 44 of the Police, Crime, Sentencing and Courts Act 2022 says that, subject to subsections (2) and (3), in this Chapter “authorised person” means a person listed in Schedule 3; that the power in section 37(1) may be exercised for a purpose mentioned in section 37(2)(b) or (c) only by a person listed in Part 1 or 2 of Schedule 3; and that the power in section 41(1) may be exercised only by a person listed in Part 1 of Schedule 3.
Police, Crime, Sentencing and Courts Act 2022, s.44(1) to (3)
“Subject to subsections (2) and (3), in this Chapter “ authorised person ” means a person listed in Schedule 3.—The power in subsection (1) of section 37 may be exercised for a purpose mentioned in subsection (2)(b) or (c) of that section only by a person listed in Part 1 or 2 of Schedule 3.—The power in section 41(1) may be exercised only by a person listed in Part 1 of Schedule 3.”
Read it at legislation.gov.ukquote checked 2026-10-04
Section 37(6) and (7) of the Police, Crime, Sentencing and Courts Act 2022 say that, if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining information other than information necessary for a purpose within subsection (2) for which they may exercise the power, or information necessary for a purpose within section 41(2) for which they may exercise the power in section 41(1), then to be satisfied that the exercise is proportionate they must be satisfied that there are no other means of obtaining the information sought which avoid that risk, or that there are such other means but it is not reasonably practicable to use them.
Police, Crime, Sentencing and Courts Act 2022, s.37(6) and (7)
“Subsection (7) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than— information necessary for a purpose within subsection (2) for which the authorised person may exercise the power, or — information necessary for a purpose within subsection (2) of section 41 (investigations of death) for which the authorised person may exercise the power in subsection (1) of that section.—The authorised person must, to be satisfied that the exercise of the power in subsection (1) is proportionate, be satisfied that— there are no other means of obtaining the information sought by the authorised person which avoid that risk, or — there are such other means, but it is not reasonably practicable to use them.”
Read it at legislation.gov.ukquote checked 2026-10-04
The extraction Code says the power in Section 41 is separate to any other power for the seizure of devices, such as those contained in the Coroners and Justice Act 2009; that authorised persons do not need to obtain agreement to exercise the power for this purpose; and that they must ensure that the requirements of necessity, proportionality, and assessment of risk of obtaining other information or confidential information have been met.
Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 65 to 67
“The power in Section 41 may be used where a person who was a user of the device has died and, immediately before they died, they were a user of the device. The power may be exercised for the purposes of: • 41(2)(a) an investigation into the person’s death under the Coroners and Justice Act 2009 (England and Wales), • 41(2)(b) an inquest into the person’s death under the Coroners Act (Northern Ireland) 1959 or, • 41(2)(c) an investigation into the person’s death by the Lord Advocate (Scotland).—This includes determining whether such an investigation or inquest should take place.—This power is separate to any other power for the seizure of devices, such as those contained in the Coroners and Justice Act 2009. Authorised persons do not need to obtain agreement to exercise the power for this purpose, but must ensure that the requirements of necessity, proportionality, and assessment of risk of obtaining other information or confidential information have been met.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
The extraction Code says the guidance that follows only applies in cases where the device user has died and was a user of the device immediately before they died; where the device user is a child or an adult without capacity and the authorised person reasonably believes that their life is at risk, or there is risk of serious harm to them; or where the device user is missing, was a user of the device immediately before they went missing and the authorised person reasonably believes that their life is at risk or there is a risk of serious harm to them. In these cases the authorised person may extract information from the device even though it has not been voluntarily provided and agreement to extract information from it has not been given; however, the other provisions of Section 37 still apply (e.g., the authorised person must still reasonably believe that information stored on the device is relevant to a purpose for which they may exercise the power).
Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 61 and 62
“The following guidance only applies in cases where: • the device user has died, and they were a user of the device immediately before they died • the device user is a child or an adult without capacity and the authorised person reasonably believes that their life is at risk, or there is risk of serious harm to them • the device user is missing, they were a user of the device immediately before they went missing and the authorised person reasonably believes that their life is at risk or there is a risk of serious harm to them—In these cases, the authorised person may extract information from the device even though it has not been voluntarily provided and agreement to extract information from it has not been given. However, the other provisions of Section 37 still apply (e.g., the authorised person must still reasonably believe that information stored on the device is relevant to a purpose for which they may exercise the power).”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
The Code of Practice on extraction of information from electronic devices says it only applies as regards the powers in Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (‘the Act’), and that information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.
Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 1, 4 and 138
“Police, Crime, Sentencing and Courts Act 2022 (“the Act”)—This code does not supersede guidance/codes that accompany other pieces of legislation, and only applies as regards the powers in Chapter 3 of Part 2 of the Act. If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.—Information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
What the sources say
What a document, a report, an agency publication or a provision says, quoted as it is worded.
Section 41(11) of the Police, Crime, Sentencing and Courts Act 2022 says section 41 does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.
Police, Crime, Sentencing and Courts Act 2022, s.41(11)
“This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.”
Read it at legislation.gov.ukquote checked 2026-10-04
The extraction Code says ‘Immediately before they died’ means that they were the user of the device around the time of their death, but not necessarily that they were actively using it at the moment of their death.
Extraction of Information from Electronic Devices: Code of Practice (Oct 2022), para 69
“‘Immediately before they died’ means that they were the user of the device around the time of their death, but not necessarily that they were actively using it at the moment of their death.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
Section 37(13) of the Police, Crime, Sentencing and Courts Act 2022 says that in this Chapter “user”, in relation to an electronic device, means a person who ordinarily uses the device.
Police, Crime, Sentencing and Courts Act 2022, s.37(13) (interpretation: "user")
“In this Chapter—“ user ”, in relation to an electronic device, means a person who ordinarily uses the device.”
Read it at legislation.gov.ukquote checked 2026-10-04
Section 207(2) of the Police, Crime, Sentencing and Courts Act 2022 lists sections 37 to 44 (and Schedule 3) among the provisions that extend to England and Wales, Scotland and Northern Ireland.
Police, Crime, Sentencing and Courts Act 2022, s.207(2)(b)
“The following provisions extend to England and Wales, Scotland and Northern Ireland— sections 37 to 44 (and Schedule 3);”
Read it at legislation.gov.ukquote checked 2026-10-04
Section 40 and section 41
Section 40(1) of the Police, Crime, Sentencing and Courts Act 2022 says that, 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 the device has not been voluntarily provided to an authorised person by a user of the device, or no user of the device has agreed to the extraction of information from the device by an authorised person. Condition A is that a person who was a user of the electronic device has died, and the person was a user of the device immediately before their death. Section 40(5) says the exercise of the power in subsection (1) of section 37 by virtue of section 40 is subject to that section.
Section 41 is a separate provision. It says an authorised person may extract information stored on an electronic device from that device if a person who was a user of the device has died and was a user of the device immediately before their death. The power may be exercised only for the purposes of an investigation into the person’s death under Chapter 1 of Part 1 of the Coroners and Justice Act 2009, an inquest into the person’s death under the Coroners Act (Northern Ireland) 1959, or an investigation into the person’s death by the Lord Advocate. References to exercising it for the purposes of an investigation or inquest include exercising it for the purposes of determining whether an investigation should be conducted or an inquest should be held.
Code paragraph 68 says the section 41 power is separate to the power in Section 37, which may also be used where a person has died if the purpose for obtaining information is for the detection, investigation or prosecution of a criminal offence related to their death.
Section 207(2) lists sections 37 to 44 (and Schedule 3) among the provisions of the 2022 Act that extend to England and Wales, Scotland and Northern Ireland. For other Scottish pages on seizure, see seizure and cyber kiosks in Scotland.
Agreement, and the conditions that still apply
Section 40(1) is worded “even though” the device has not been voluntarily provided by a user, or no user has agreed to the extraction. It does not remove the other conditions. Code paragraphs 61 and 62 say the guidance that follows only applies in the cases they list (a user who has died and was a user immediately before they died; a child or an adult without capacity where the authorised person reasonably believes that their life is at risk, or there is risk of serious harm to them; a user who is missing, was a user immediately before they went missing and where the authorised person reasonably believes that their life is at risk or there is a risk of serious harm to them); in these cases the authorised person may extract information from the device even though it has not been voluntarily provided and agreement to extract information from it has not been given; however, the other provisions of Section 37 still apply (for example, the authorised person must still reasonably believe that information stored on the device is relevant to a purpose for which they may exercise the power).
Section 37(2) says the power in subsection (1) may be exercised only for the purposes of preventing, detecting, investigating or prosecuting crime; helping to locate a missing person; or protecting a child or an at-risk adult from neglect or physical, mental or emotional harm. Section 37(5) says an authorised person may exercise that power only if, in a case where they propose to exercise it for the crime purpose, they reasonably believe that information stored on the device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person; in a case where they propose to exercise it for the missing-person or protection purpose, they reasonably believe that information stored on the device is relevant to that purpose; and in any case they are satisfied that exercise of the power is necessary and proportionate to achieve the purpose for which they propose to exercise it. Section 37(6) and (7) add a requirement where the authorised person thinks there is a risk of obtaining information other than information necessary for a purpose for which the power may be exercised (set out in the table below).
For section 41, section 41(4) says an authorised person may exercise the power in subsection (1) only if they reasonably believe that information stored on the device is relevant to a purpose within section 41(2), and are satisfied that exercise of the power is necessary and proportionate to achieve that purpose. Code paragraph 67 says authorised persons do not need to obtain agreement to exercise the section 41 power for this purpose, but must ensure that the requirements of necessity, proportionality, and assessment of risk of obtaining other information or confidential information have been met.
Who may use the section 41 power
Section 44 says that, subject to subsections (2) and (3), “authorised person” in this Chapter means a person listed in Schedule 3; that the power in section 41(1) may be exercised only by a person listed in Part 1 of Schedule 3. This page does not set out what Schedule 3 lists. The voluntary pathway and section 40 are covered on the PCSC page.
What the Code says ‘immediately before they died’ means
Code paragraph 69 says ‘Immediately before they died’ means that they were the user of the device around the time of their death, but not necessarily that they were actively using it at the moment of their death. Section 37(13) says that in this Chapter “user”, in relation to an electronic device, means a person who ordinarily uses the device.
What happens to what is taken
Section 42(1) says the Secretary of State must prepare a code of practice containing guidance about the exercise of the powers in sections 37(1) and 41(1). The Code says it “only applies as regards the powers in Chapter 3 of Part 2 of the Act” and that “If another power is being used as the basis for extracting information from an electronic device, the guidance/code for that power will apply.” It also says: “Information which is extracted and deemed not relevant must be deleted unless there is a lawful basis to retain it.” More on retention is on how long police can keep your phone data and, for Scotland, the Scotland retention page.
What this page does not say
Nothing quoted on this page says who is entitled to the device or its contents afterwards, whether relatives must be told, or how a coroner’s own powers to take a device work. Section 41(11) says section 41 does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law, and Code paragraph 67 says the section 41 power is separate to any other power for the seizure of devices, such as those contained in the Coroners and Justice Act 2009. See also requests for a complainant’s phone and what they can extract.
Last reviewed . Next review due . No lawyer has reviewed this page — see [email protected] if you think something here is wrong.